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VAN CORTLANDT PARK v. NYC

95 N.Y.2d 623 (2001)

745 N.E.2d 383

___ N.Y.S.2d ___

FRIENDS OF VAN CORTLANDT PARK et al., Appellants, STATE OF NEW YORK, Intervenor-Appellant, et al., Plaintiff, et al., Intervenor, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided February 8, 2001.

Attorney(s) appearing for the Case

Schulte Roth & Zabel, L. L. P., New York City (Howard B. Epstein, Theodore A. Keyes and Peter C. Trimarchi of counsel), for Friends of Van Cortlandt Park and another, appellants.

Jack L. Lester, New York City, for Norwood Community Action and others, appellants.

Eliot Spitzer, Attorney General, New York City (Gordon J. Johnson, Norman Spiegel and Peter G. Crary of counsel), for intervenor-appellant.

Michael D. Hess, Corporation Counsel of New York City (Ronald E. Sternberg, Leonard Koerner and Inga Van Eysden of counsel), for respondents.

Andrew Brick, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

The Croton Watershed—a series of interconnected reservoirs and lakes located primarily in Westchester, Dutchess and Putnam counties—is one of New York City's three principal drinking water sources, supplying between 10 and 30% of the City's requirements. In 1992, after preparing a report concluding that filtration would be necessary to ensure the safety...

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