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MATTER OF HLP PROPS., LLC v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

70 A.D.3d 469 (2010)

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

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

Decided February 11, 2010.

Recent precedent of this Court compels the conclusion that respondent improperly departed from statutory criteria in finding that the subject property is not a brownfield site (Matter of East Riv. Realty Co., LLC v New York State Dept. of Envtl. Conservation, 68 A.D.3d 564 [2009], citing, inter alia, Justice Tolub's opinion herein, 21 Misc.3d 658, 669 [2008]). A remand for a new determination...

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