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DEVELOP INC. v. EMPIRE CORP.

114631/09

33 Misc.3d 330 (2011)

927 N.Y.S.2d 571

2011 NY Slip Op 21239

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 July 13, 2011.

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), for Forest City Ratner Companies, LLC, respondent.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

Procedural History

These CPLR article 78 proceedings, brought under the State Environmental Quality Review Act (SEQRA), challenge modification of the plan for development of the Atlantic Yards Project in Brooklyn (the Project). In prior proceedings, petitioner Develop Don't Destroy (Brooklyn), Inc. and petitioners Prospect Heights Neighborhood Development Council, Inc. and others challenged the affirmance...

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