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377 GREENWICH LLC v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

14 Misc.3d 417 (2006)

827 N.Y.S.2d 608

377 GREENWICH LLC, Petitioner, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Supreme Court, New York County.

November 15, 2006.

Attorney(s) appearing for the Case

Paul Hastings Janofsky & Walker LLP, New York City (James E. Berger, David J. Freeman and Sarah E. Hagans of counsel), for petitioner.

Eliot Spitzer, Attorney General (Lisa F. Garcia, Robert Emmet Hernan and Norman Speigel of counsel), for respondent.

OPINION OF THE COURT

JUDITH J. GISCHE, J.

Petitioner is the owner and developer of real estate located at 377 Greenwich Street, New York, New York. It brings this CPLR article 78 petition to challenge an October 5, 2005 decision by the New York State Department of Environmental Conservation (DEC) denying its application to participate in the Brownfield Cleanup Program (BCP). DEC opposes the petition.

As part of its opposition, DEC included affidavits...

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