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AKPAN v. KOCH

152 A.D.2d 113 (1989)

Vernice Akpan et al., Appellants, v. Edward I. Koch, as Mayor of The City of New York and as Chairperson of The Board of Estimate of the City of New York, et al., Respondents

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

November 21, 1989

Attorney(s) appearing for the Case

Roger Juan Maldonado of counsel (John C. Gray, Jr., Jane Greengold Stevens, Raun J. Rasmussen, Russell Engler and Andrew Scherer with him on the brief; Brooklyn Legal Services Corp. B. and Community Action for Legal Services, attorneys), for appellants.

Dana Martine Robbins of counsel (Larry A. Sonnenshein with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for Edward I. Koch and others, respondents.

Richard C. Seltzer and Stanley N. Alpert of counsel (Kaye, Scholer, Fierman, Hays & Handler, attorneys), for Rose Associates, respondent.

Mitchell S. Bernard and William W. Buzbee for Natural Resources Defense Council, amicus curiae.

KUPFERMAN and SULLIVAN, JJ., concur with ROSS, J.; MURPHY, P. J., and SMITH, J., dissent in a separate opinion by MURPHY, P. J.

ROSS, J.

In order to revitalize downtown Brooklyn, the City of New York (City) created the Atlantic Terminal Urban Renewal Area and the Brooklyn Center Urban Renewal Area, in 1968 and 1970, respectively. The Atlantic Terminal Project (ATP), which was planned in 1978, overlaps both of those renewal areas, and is located on approximately 24 acres of mostly vacant land, near the Long Island Railroad Terminal on...

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