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: 419-24

Slip Opinion No: 2025 NY Slip Op 69222(U)

Decided on April 25, 2025

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.

April 25, 2025

PRESENT: CURRAN, J.P., MONTOUR, SMITH, NOWAK, AND DELCONTE, JJ.

MOTION NO. 419-24
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,
AND WASTE MANAGEMENT OF NEW YORK, LLC,
DEFENDANT-APPELLANT-RESPONDENT.

Plaintiff having moved for leave to appeal to the Court of Appeals from the order of this Court entered July 26, 2024,

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.

Entered: April 25, 2025

Ann Dillon Flynn

Clerk of the Court