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IN THE MATTER OF LECHAR REALTY CORP. v. LAWITTS

115861/07.

2008 NY Slip Op 51494 (U)

IN THE MATTER OF THE APPLICATION OF LECHAR REALTY CORP., and LECHAR REALTY, LLC, Petitioners, v. STEVEN W. LAWITTS, as Executive Director of the NEW YORK CITY WATER BOARD AND EMILY LLOYD, as Commissioner of THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents.

Supreme Court of the State of New York, New York County.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Petitioners were represented by L.H. Charney & Assoc., Stephen L. Simmons, Of Counsel.

Respondents, the Executive Director of the New York City Water Board and the Commissioner of the New York City Department of Environmental Protection, were represented by the Michael A. Cardozo, Corporation Counsel of the City of New York, by Elizabeth Slesher, Of Counsel.

SHIRLEY WERNER KORNREICH, J.

In this Article 78 proceeding, Petitioners challenge a determination of the New York City Water Board (Board), dated October 23, 2007, which, after an administrative appeal, affirmed a decision of the Board's Executive Director, Steven Lawitts, dated April 18, 2007. The Executive Director's decision affirmed prior determinations by Deputy Commissioner, Joseph F. Singleton, dated August 21, 2006, and an Initial Review by DEP Customer Service...

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