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MATTER OF CITYLIGHTS AT QUEENS LANDING, INC. v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

62 A.D.3d 871 (2009)

878 N.Y.S.2d 896

In the Matter of CITYLIGHTS AT QUEENS LANDING, INC., Appellant, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 19, 2009.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

"The courts have the power to review the [New York City] Water Board's determinations and may overturn determinations if the action is arbitrary and capricious, i.e., lacks a rational basis" (Matter of Westmoreland Apt. Corp. v New York City Water Bd., 294 A.D.2d 587, 588 [2002]; see CPLR 7803 [3]; Matter of Amalgamated Warbasse...

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