Opinion
March 27, 1995
Appeal from the Supreme Court, Rockland County (Meehan, J.).
Ordered that the appeal from the judgment, is dismissed, since the judgment was superseded by the order made upon renewal; and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
We agree that the Town of Haverstraw's (hereinafter the Town) permit to operate a sanitary landfill was not extended pursuant to State Administrative Procedure Act § 401 (2) since the Town's renewal application was neither timely nor sufficient within the meaning of section 401 (2). Furthermore, there is no evidence in the record that the Town, in failing to submit a timely and sufficient permit renewal application, relied upon representations made by the respondent Department of Environmental Conservation (hereinafter DEC). Thus, DEC is neither equitably estopped from denying nor has waived its right to deny the extension of the landfill's permit pursuant to State Administrative Procedure Act § 401 (2). O'Brien, J.P., Ritter, Santucci and Friedmann, JJ., concur.