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MTR OF COALITION v. WEINSHALL

21 A.D.3d 215 (2005)

799 N.Y.S.2d 205

In the Matter of THE COALITION AGAINST LINCOLN WEST, INC., Doing Business as COALITION FOR A LIVABLE WEST SIDE, et al., Respondents, v. IRIS WEINSHALL, as Commissioner of the New York City Department of Transportation, et al., Appellants.

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

July 14, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth S. Natrella, Leonard Koerner, Gail Saunders and Heidi Rubinstein of counsel), for municipal appellants.

Sive, Paget & Riesel, P.C., New York City (David Paget, Steven C. Russo and Jennifer Coghlan of counsel), for Hudson Waterfront Associates, appellant.

Allen & Lippes, Buffalo (Richard J. Lippes of counsel), and Levy, Phillips & Konigsberg, New York City (Stanley J. Levy of counsel), for respondents.

Antonia Levine Bryson, New York City, and Amanda Hiller, New York City, for Riverside South Planning Corporation and another, amici curiae.

Marc Andrew Landis, New York City, for City Club of New York, amicus curiae.

BUCKLEY, P.J., ELLERIN and WILLIAMS, JJ., concur.

OPINION OF THE COURT

SWEENY, J.

We are asked to determine whether, under the facts of this case, a supplemental environmental impact statement (SEIS) was required to be prepared and circulated before the issuance of a road closure permit.

This development project and concurrent litigation have a lengthy history. Some of the petitioners, which consist of various residents and organizations of residents...

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