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MATTER OF CHATHAM TOWERS INC. v. NEW YORK CITY POLICE DEPARTMENT

3225, 111875/08.

75 A.D.3d 431 (2010)

904 N.Y.S.2d 64

In the Matter of CHATHAM TOWERS INC. et al., Appellants, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

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

Decided July 1, 2010.

Respondents did not act arbitrarily and capriciously in determining that the JOCC project involves the "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site" (6 NYCRR 617.5 [c] [2]), and hence is a "Type II" action that is statutorily exempt from SEQRA and CEQR (6 NYCRR 617.3 [f]; 617.5 [a]; 43 RCNY 6-15 [b]; see Manhattan Val. Neighbors for Permanent Hous. for Homeless v Koch,<...

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