Opinion
June 9, 1986
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Order reversed, with costs, motion granted, and pending the determination of the action the defendants, and their employees, agents, officers and directors are preliminarily enjoined from violating the interim decision and modified order, dated January 22, 1985, in question, and are further enjoined from filling, depositing, or accepting or permitting the deposition of any materials at the landfill owned and operated by the defendants Brookhaven aggregates, Ltd., and Theodore Hubbard, located on Whiskey Road in Coram, New York.
The plaintiffs sought a preliminary injunction prohibiting the defendants from violating an interim decision and modified order of the Commissioner of the Department of Environmental Conservation (hereinafter the DEC), dated January 22, 1985, which suspended the right of the defendants Brookhaven Aggregates, Ltd., and Theodore Hubbard to operate a solid waste landfill. The order of suspension imposed several conditions as a prerequisite to the reopening of the landfill. In addition, the order stated that the suspension "shall remain in effect until modified or rescinded by Order of the Commissioner of Environmental Conservation", and that it would be vacated "by the commissioner on condition that [Brookhaven Aggregates, Ltd. and Hubbard] fully comply to the satisfaction of the Commissioner" with the conditions stated therein.
Special Term concluded that the plaintiffs' application for a preliminary injunction must be denied because they had not shown that irreparable injury would occur in the absence of a grant of relief. We disagree with the conclusion that the plaintiffs had to make such a showing. We note that ECL 71-0301 authorizes the DEC to seek injunctive relief against any person or party who violates an order promulgated by the Commissioner. It has been held that "[s]uch a statutory provision requires no showing of special damage or injury to the public * * * as a condition to injunctive relief, commission of the prohibited acts being sufficient" (Town of Islip v. Clark, 90 A.D.2d 500, 501; see also, People ex rel. Bennett v. Laman, 277 N.Y. 368, 382-383; Village of Pelham Manor v. Crea, 112 A.D.2d 415, 416). Here, the plaintiffs allege, and the defendants do not deny, that the prohibited acts, to wit, dumping at the landfill, have occurred subsequent to the Commissioner's order. Brookhaven Aggregates, Ltd., and Hubbard merely contend that they have complied with the conditions imposed by that order and have nevertheless been precluded from reopening their facility. It is undisputed that the Commissioner has not approved the claimed compliance with those conditions and has not vacated the order of suspension. In view of the foregoing, the plaintiffs' motion for a preliminary injunction should have been granted. Gibbons, J.P., Weinstein, Lawrence and Eiber, JJ., concur.