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MATTER OF FISHER v. GIULIANI

280 A.D.2d 13 (2001)

720 N.Y.S.2d 50

In the Matter of JOHN FISHER et al., Respondents, v. RUDOLPH GIULIANI, as Mayor of the City of New York, et al., Appellants. RESNICK EIGHTH AVENUE ASSOCIATES, L. L. C., Proposed Intervenor-Appellant.

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

January 25, 2001.

Attorney(s) appearing for the Case

Stephen P. Kramer of counsel (Antonia Levine Bryson, attorney), for respondents.

Robin Binder of counsel (Elizabeth I. Freedman and Leonard Koerner on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellants.

Jeffrey L. Braun of counsel (Jennifer B. Arlin on the brief; Rosenman & Colin, L. L. P., attorneys), for proposed intervenor-appellant.

David Paget of counsel (Steven Russo on the brief; Sive, Paget & Riesel, P. C., attorneys), for Shubert Organization and others, amici curiae.

Alice R. Thomas of counsel (Holly M. Leicht and T. Gorman Reilly, attorneys), for Municipal Art Society of New York, Inc. and another, amici curiae.

MAZZARELLI, J.P., ANDRIAS, ELLERIN and LERNER, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal involves a challenge to recent zoning amendments affecting the Manhattan Theater District. Specifically, petitioners allege that the City was required to prepare an Environmental Impact Statement before implementing the changes to the New York City Zoning Resolution (ZR). For the reasons that follow, we conclude that, insofar as the amendments created a mechanism permitting the transfer, as of right, of a theater...

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