FRESH AIR FOR THE EASTSIDE, INC., V STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CITY OF

FRESH AIR FOR THE EASTSIDE, INC., V STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CITY OF

Motion No: CA 23-00179

Slip Opinion No: 2023 NY Slip Op 68741(U)

Decided on June 12, 2023

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

June 12, 2023

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 23-00179

FRESH AIR FOR THE EASTSIDE, INC.,
PLAINTIFF-RESPONDENT-APPELLANT,
V
STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, DEFENDANTS-APPELLANTS,
CITY OF NEW YORK, DEFENDANT-RESPONDENT,
WASTE MANAGEMENT OF NEW YORK, LLC,
DEFENDANT-APPELLANT-RESPONDENT.

Plaintiff having moved to dismiss the appeal taken herein from an order of the Supreme Court, Monroe County, entered December 21, 2022, on the ground that defendant, Waste Management of New York, LLC, is not an aggrieved party pursuant to CPLR 5511,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the appeal pursuant to CPLR 5511 without prejudice and leave to renew any arguments in support of or, in opposition to the motion in the briefs that remain outstanding and at oral argument.

Entered: June 12, 2023

Ann Dillon Flynn

Clerk of the Court