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DEVELOP DON'T DESTROY (BROOKLYN), INC. v. EMPIRE STATE DEVELOPMENT CORPORATION

114631/09.

30 Misc.3d 616 (2010)

914 N.Y.S.2d 572

DEVELOP DON'T DESTROY (BROOKLYN), INC., et al., Petitioners, v. EMPIRE STATE DEVELOPMENT CORPORATION et al., Respondents. PROSPECT HEIGHTS NEIGHBORHOOD DEVELOPMENT COUNCIL, INC., et al., Petitioners, v. EMPIRE STATE DEVELOPMENT CORPORATION et al., Respondents.

Supreme Court, New York County.

Decided November 9, 2010.

Attorney(s) appearing for the Case

Young Sommer Ward Ritzenberg Baker & Moore, LLC, Albany (Jeffrey Baker of counsel), for Develop Don't Destroy (Brooklyn), Inc., petitioner. Urban Environmental Law Center, New York City ( Albert K. Butzel of counsel), for Prospect Heights Neighborhood Development Council, Inc., petitioner. Bryan Cave LLP, New York City ( Philip E. Karmel of counsel), for Empire State Development Corporation, respondent. Kramer Levin Naftalis & Frankel LLP, New York City ( Jeffrey L. Braun of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Richard G. Leland of counsel), for Forest City Ratner Companies, LLC, respondent.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

In these CPLR article 78 proceedings, petitioner Develop Don't Destroy (Brooklyn), Inc. (DDDB) and petitioners Prospect Heights Neighborhood Development Council, Inc. and others (collectively PHND) challenged the affirmance, on September 17, 2009, by respondent New York State Urban Development Corp., doing business as Empire State Development Corp. (ESDC), of a...

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