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NY CITY COUNCIL v. CITY OF NY

4 A.D.3d 85 (2004)

770 N.Y.S.2d 346

In the Matter of NEW YORK CITY COUNCIL et al., Respondents, v. CITY OF NEW YORK et al., Appellants. CHELSEA PROPERTY OWNERS ASSOCIATION et al., Intervenors-Appellants.

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

January 15, 2004.

Attorney(s) appearing for the Case

Emery Cuti Brinckerhoff & Abady PC (John R. Cuti, Richard D. Emery and Ilann M. Maazel of counsel), for respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman, Larry A. Sonnenshein and Chris Reo of counsel), for appellants.

Gibson, Dunn & Crutcher, LLP (Randy M. Mastro of counsel), for intervenors-appellants.

BUCKLEY, P.J., SULLIVAN and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

This appeal requires us to determine whether Supreme Court properly directed the City of New York to submit a plan to demolish an elevated railway on Manhattan's West Side to the Uniform Land Use Review Procedure (ULURP) set forth in the New York City Charter. We conclude that neither of the two grounds cited by Supreme Court as bases for ULURP review, namely, that the plan involves...

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