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COMMUNITY PRESERV. v. MILLER

5 Misc.3d 388 (2004)

781 N.Y.S.2d 603

In the Matter of COMMUNITY PRESERVATION CORPORATION et al., Petitioners, v. A. GIFFORD MILLER, as Speaker of the City Council of the City of New York, et al., Respondents, and CORDELL CLEARE et al., on Behalf of NEW YORK CITY COALITION TO END LEAD POISONING, INC., et al., Intervenors-Respondents.

Supreme Court, New York County.

August 27, 2004.

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, LLP, New York City (Clifford P. Case and Jean McCarroll of counsel), for A. Gifford Miller and another, respondents.

Dewey Ballentine, LLP, New York City (David J. Grais, Christine Chi, Sabrineh Ardalan and Elizabeth A. Haley of counsel), for petitioners.

Andrew Goldberg, New York City, for Chris Meyer, on behalf of New York Public Interest Research Group, Inc., intervenor-respondent.

Northern Manhattan Improvement Corporation, New York City (Kenneth Rosenfeld and Matthew J. Chachère and of counsel), for Cordell Cleare and others, intervenors-respondents.

OPINION OF THE COURT

LOUIS B. YORK, J.

In this CPLR article 78 proceeding brought by the petitioners to stay the implementation of Local Law No. 1 (2004) of the City of New York (Local Law No. 1), this court once again is called upon to determine the validity of a locally enacted lead paint statute. Petitioners allege that the legislation is invalid because (1) the City Council of New York did not comply with the State Environmental Quality Review Act (SEQRA...

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