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REMINISCE BAR v. NYC DEP

178 Misc.2d 640 (1998)

680 N.Y.S.2d 143

Reminisce Bar and Lounge et al., Petitioners, v. City of New York Department of Environmental Protection, Respondent.

Supreme Court, New York County.

July 6, 1998

Attorney(s) appearing for the Case

Pesetsky & Bookman, New York City (Randye F. Bernfeld of counsel), for petitioners. Michael D. Hess, Corporation Counsel of New York City (Louise H. Lippin of counsel), for respondent.

JANE S. SOLOMON, J.

In this CPLR article 78 proceeding, petitioners seek to set aside the order issued by the Environmental Control Board (ECB) on September 24, 1997 on the grounds that (i) ECB should not have considered the Department of Environmental Protection (DEP) appeal, and (ii) ECB's determination on appeal was arbitrary and capricious and contrary to the law and the facts.1

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