The city is appealing a Manhattan judge’s decision to crush the ban on Styrofoam and other carryout containers — arguing that the jurist improperly tossed the Sanitation Department plan in favor of an untested proposal by a foam manufacturer.
An appeals panel “should review the judge’s ruling that the commissioner must defer on core municipal functions — with vast environmental consequences at stake — to short-term proposals made by manufacturers with a vested financial stake in the determination,” city lawyer Damian Stodola wrote in the request for review.
Last month state Judge Margaret Chan ruled in favor of a coalition of business owners who said that the ban was political and there is a growing market for recycled foam materials.
The coalition’s attorney, Randy Mastro, told The Post, “We . . . continue to hope the city will rethink its position and decide to work with industry groups to implement comprehensive recycling, rather than pursue a senseless appeal.”
The ban was supposed to go into effect in July but has been delayed because of the lawsuit.



