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METRO MUSEUM v. DE MONTEBELLO

20 A.D.3d 28 (2005)

796 N.Y.S.2d 64

In the Matter of METROPOLITAN MUSEUM HISTORIC DISTRICT COALITION et al., Appellants, v. PHILIPPE DE MONTEBELLO, as Director of the Metropolitan Museum of Art, et al., Respondents.

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

May 31, 2005.

Attorney(s) appearing for the Case

Weiss & Hiller, P.C., New York City (Michael S. Hiller of counsel), for appellants.

Arnold & Porter LLP, New York City (Michael B. Gerrard and Richard Webster of counsel), for Metropolitan Museum respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Ralph Janzen and Kristin M. Helmers of counsel), for municipal respondents.

MAZZARELLI, J.P., SAXE, MARLOW and ELLERIN, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are called upon to review petitioners' challenge, pursuant to CPLR article 78, to a certain expansion and renovation project commenced by the museum respondents, with the approval of the municipal respondents, to the extent that petitioners seek to compel a review of the project under the State Environmental Quality Review Act (ECL 8-0101 et seq....

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