You are here: / / SCRAP METAL SALES OPERATION WAS NOT A TRANSFER STATION WITHIN THE MEANING...
,

SCRAP METAL SALES OPERATION WAS NOT A TRANSFER STATION WITHIN THE MEANING OF THE COUNTY SOLID WASTE LAW.

The Second Department, in a full-fledged opinion by Justice Cohen, determined a scrap metal seller was not operating a “transfer station” within the meaning of the Westchester County Solid Waste Law. Therefore, certain fines and license fees related to the operation of a transfer station should not have been imposed by the county. The Second Department noted that, in reviewing an Article 78 proceeding, as long as the underlying statute does not require expertise to interpret, the reviewing court has the power to determine the meaning of the controlling statute. Here the plain meaning of the statute would not support defining the scrap metal sales operation as a transfer station:

The petitioner, Universal Metal & Ore, Inc. (hereinafter Universal), is an international metal trading company founded in 1951, which maintains a facility in Mount Vernon. Essentially, Universal is in the business of purchasing scrap metal, and reselling it at a profit to other companies. The primary issue raised on appeal is whether Universal’s Mount Vernon facility, where Universal accepts deliveries of scrap metal from independent dealers and stores it pending transport, may be considered a solid waste “transfer station” under the Westchester County Solid Waste and Recyclables Collection Licensing Law (hereinafter the Solid Waste Law). … [W]e conclude that Universal’s facility is not a transfer station as defined by the Solid Waste Law, and that there was thus no rational basis for the Westchester County Solid Waste Commission’s determination to fine Universal for operating a transfer station without a license. Matter of Universal Metal & Ore, Inc. v Westchester County Solid Waste Commn., 2016 NY Slip Op 06091, 2nd Dept 9-21-16

MUNICIPAL LAW (SCRAP METAL SALES OPERATION WAS NOT A TRANSFER STATION WITHIN THE MEANING OF THE COUNTY SOLID WASTE LAW)/ENVIRONMENTAL LAW (SOLID WASTE LAW, SCRAP METAL SALES OPERATION WAS NOT A TRANSFER STATION WITHIN THE MEANING OF THE COUNTY SOLID WASTE LAW)/SOLID WASTE LAW (SCRAP METAL SALES OPERATION WAS NOT A TRANSFER STATION WITHIN THE MEANING OF THE COUNTY SOLID WASTE LAW)/SCRAP METAL (SCRAP METAL SALES OPERATION WAS NOT A TRANSFER STATION WITHIN THE MEANING OF THE COUNTY SOLID WASTE LAW)

You might also like
Criteria for Causes of Action Under Labor Law 200 and Common Law Negligence (Where the Methods or Materials of the Work Are Alleged to Be the Cause of the Injury) Explained
REPLACING A SPEAKER IN CONJUNCTION WITH INSTALLING PANELING CONSTITUTED ALTERING, ALLEGATION THE LADDER SWAYED SUFFICIENT TO DEMONSTRATE THE FAILURE TO SECURE THE LADDER CAUSED THE FALL.
THE COLLAPSE OF A TRENCH IN WHICH PLAINTIFF WAS WORKING WAS AN ELEVATION-RELATED ACCIDENT COVERED BY LABOR LAW 240(1) (FIRST DEPT).
Voluntary Firefighter Should Not Have Been Suspended Without a Hearing Pursuant to the General Municipal Law
BANK’S PROOF OF STANDING DID NOT MEET THE REQUIREMENTS OF THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE.
DEFENDANT CITY DEMONSTRATED IT DID NOT EXERCISE ANY SUPERVISORY CONTROL OVER THE MANNER OF PLAINTIFF’S WORK IN THIS LABOR LAW 200 ACTION; THEREFORE THE CITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (SECOND DEPT). ​
Defendant Failed to Demonstrate the Cause of Plaintiff’s Fall (a Ramp Outside a Building) Was Open and Obvious as a Matter of Law—Summary Judgment Should Not Have Been Granted
SUPREME COURT SHOULD NOT HAVE DISMISSED THE FORECLOSURE ACTION AFTER TRIAL ON THE GROUND PLAINTIFF DID NOT LAY A PROPER FOUNDATION FOR THE ADMISSION OF THE DOCUMENTS REQUIRED TO MAKE OUT A PRIMA FACIE CASE; COMPLAINT REINSTATED AND JUDGMENT AWARDED TO PLAINTIFF (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

OFFICE OF MEDICAID INSPECTOR GENERAL COULD NOT SEEK REIMBURSEMENT OF OVERPAYMENTS... FAILURE TO INCLUDE YEAR IN THE DATES OF THE SIGNATURES REQUIRED INVALIDATION...