NYC CLASH v. NYS OFF OF PARKS

519023.

125 A.D.3d 105 (2014)

2 N.Y.S.3d 231

In the Matter of NYC C.L.A.S.H., INC., Respondent, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION et al., Appellants.

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

Decided December 31, 2014.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for appellants.

Joseph Law Group, LLP, New York City ( Edward A. Paltzik of counsel), for respondent.

LAHTINEN, GARRY, ROSE and LYNCH, JJ., concur.


OPINION OF THE COURT

Respondents, the Office of Parks Recreation and Historic Preservation (hereinafter OPRHP) and its Commissioner, are empowered by statute to "[o]perate and maintain ... historic sites and objects, parks, parkways and recreational facilities" (PRHPL 3.09 [2]) and to "[p]rovide for the health, safety and...

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