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ENVIRONMENTALLY SOUND v. NYC

190 Misc.2d 359 (2001)

737 N.Y.S.2d 792

In the Matter of COMMITTEE FOR ENVIRONMENTALLY SOUND DEVELOPMENT, INC., et al., Petitioners, v. CITY OF NEW YORK et al., Respondents.

Supreme Court, New York County.

December 10, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel, Brooklyn (Christopher F. Reo of counsel), for City of New York and others, respondents.

Robinson Silverman Pearce Aronsohn & Berman L. L. P., New York City (Herbert Teitelbaum of counsel), for Metropolitan Transportation Authority and another, respondents.

Paul, Hastings, Janofsky & Walker L. L. P., New York City (Steven Johnson of counsel), for Columbus Centre, L. L. C., respondent.

Windels Marx Lane & Mittendorf, L. L. P., New York City (James J. Periconi of counsel), for petitioners.

OPINION OF THE COURT

ROSALYN RICHTER, J.

In this CPLR article 78 proceeding, petitioners, who consist of a community environmental group and individual community members, seek to enjoin further construction of the AOL-Time Warner development project located at Columbus Circle (the project). This project, when completed, will provide the headquarters and studios for AOL-Time Warner, three separate performance venues for jazz at Lincoln Center, retail shops...

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