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LINCOLN W. v. CITY OF NY

86 N.Y.2d 123 (1995)

654 N.E.2d 86

630 N.Y.S.2d 265

In the Matter of Coalition against Lincoln West, Inc., et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Philip Pierce, New York City, Marshall C. Berger, Norman Marcus and John Van Der Tuin for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Jane S. Earle, Pamela Seider Dolgow and Terri Feinstein Sasanow of counsel), for City of New York and others, respondents.

Howard, Darby & Levin, New York City (Philip K. Howard and J. Jay Lobell of counsel), Sive, Paget & Riesel, P. C. (David Paget of counsel), and Rosenman & Colin (Jeffrey L. Braun of counsel), for Penn Yards Associates, respondent.

Edward N. Costikyan, New York City, and David Nissenbaum for Municipal Art Society of New York and others, amici curiae.

Martin Gallent, Jackson Heights, for Metro Chapter of the American Planning Association and another, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

This Court granted petitioners permission to appeal an order of the Appellate Division, which affirmed a judgment of Supreme Court, dismissing their CPLR article 78 petition. The New York City Council granted special use permits to respondent developer, Penn Yards Associates, and amended the City Map and the Zoning Map to allow for construction of the Riverside South project, a large scale mixed...

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