Similarly, Rochester v Rush ( 67 Misc.2d 328, affd 37 A.D.2d 795), observed that refuse disposal is clearly a governmental function. Also see Little Joseph Realty v Town of Babylon ( 41 N.Y.2d 738) and Matter of Ruderman v Town Bd. of Town of Rosendale ( 58 A.D.2d 939), which both held the disposal of waste was a governmental function. Although the court opines that the State is subject to the Town of Fort Edward Zoning Ordinance, the basis for this opinion is the express language contained in article 27, destroying sovereign immunity from local regulation in the case of hazardous waste disposal sites and not the governmental-proprietary distinction.