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MTR OF EAST RIV REALTY v. DEC

22 Misc.3d 404 (2008)

866 N.Y.S.2d 537

In the Matter of EAST RIVER REALTY COMPANY, LLC, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Supreme Court of the State of New York, New York County.

October 21, 2008.

Attorney(s) appearing for the Case

Sive Paget & Riesel, P.C., New York City (Daniel Riesel of counsel), and Mayer Brown, Washington, D.C. (Richard BenVeniste of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Todd Ommen of counsel), for respondent.

OPINION OF THE COURT

LEWIS BART STONE, J.

This proceeding was commenced by notice of petition dated December 21, 2007, by petitioner, East River Realty Company, LLC, the owner of four parcels of land located between East 36th Street and East 41st Street on both sides of First Avenue in Manhattan, to review a determination of the New York State Department of Environmental Conservation (DEC) rendered on October 9, 2007 (the determination), which denied East...

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