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IN THE MATTER OF CITIZENS v. CITY OF ALBANY

56 A.D.3d 1060 (2008)

In the Matter of CITIZENS FOR RESPONSIBLE ZONING et al., Appellants, v. COMMON COUNCIL OF THE CITY OF ALBANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 26, 2008.

Kane, J.

Respondent Thomas J. Burke, who leases a vacant 3.6-acre parcel from respondent 41 Holland Avenue, LLC, applied to respondent City of Albany to change the zoning of the property from a commercial office district to a highway commercial district. When a proposed ordinance was introduced, respondent Common Council of the City of Albany identified the proposed rezoning as an unlisted action under the State Environmental Quality Review Act (ECL art 8 [hereinafter...

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