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HOTEL DORSET v. CULTURAL RES.

63 A.D.2d 157 (1978)

Hotel Dorset Company, Appellant, v. Trust for Cultural Resources of the City of New York et al., Respondents

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

July 13, 1978

Attorney(s) appearing for the Case

Arthur Richenthal of counsel (Richenthal, Abrams & Moss, attorneys), for appellant.

Alfred Weinstein of counsel (L. Kevin Sheridan with him on the brief; Allen G. Schwartz, Corporation Counsel), for Mayor of the City of New York, respondent.

Manly Fleischmann of counsel (Webster & Sheffield, attorneys), for Trust for Cultural Resources, respondent.

Shirley Adelson Siegel of counsel (Samuel A. Hirshowitz with her on the brief; Louis J. Lefkowitz, Attorney-General), in his statutory capacity under section 71 of the Executive Law.

LUPIANO, J. P., and LANE, J., concur with SULLIVAN, J.; SANDLER, J., dissents and would affirm for reasons stated by HELMAN, J.

SULLIVAN, J.

At issue is the constitutionality of two separate but related statutes enacted together by the State Legislature: sections 301 through 323 of article 13-E of the General Municipal Law, known as the New York State Cultural Resources Act (SCRA) (L 1976, ch 902), and sections 325 through 331 of article 13-F of the General Municipal Law, known as the New York City Cultural Resources Act (CCRA) (L 1976...

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