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MATTER OF EAST RIVER REALTY COMPANY, LLC v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

1824, 117040/07

68 A.D.3d 564 (2009)

2009 NY Slip Op 9381

891 N.Y.S.2d 359

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

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

Decided December 17, 2009.

The BCP was enacted "to encourage persons to voluntarily remediate brownfield sites for reuse and redevelopment" (ECL 27-1403). "Brownfield site" is defined as "any real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant" (ECL 27-1405 [2]). A would-be participant in the program must submit a request that includes information "sufficient to allow the department to determine eligibility and the current, intended...

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