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HLP PROPS v. NYS CONSERVATION

21 Misc.3d 658 (2008)

864 N.Y.S.2d 285

In the Matter of HLP PROPERTIES, LLC, et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Supreme Court, New York County.

September 12, 2008.

Attorney(s) appearing for the Case

Gibson Dunn & Crutcher LLP, New York City (Randy M. Mastro and Jennifer H. Reardon of counsel), and Sive Paget & Riesel, P.C., New York City (Jeffrey B. Gracer of counsel), for petitioners.

Andrew M. Cuomo, Attorney General, New York City (Norman Spiegel of counsel), for respondent.

OPINION OF THE COURT

WALTER B. TOLUB, J.

This CPLR article 78 application challenges respondent's August 2, 2007 determination which denied petitioners' application to participate in the Brownfield Cleanup Program under Environmental Conservation Law § 27-1401 et seq. Specifically, petitioners seek a declaration that (1) the site in issue is a "brownfield site" within the meaning of the Brownfield Cleanup Program Act, and (2) that the respondent...

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