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CHINESE STAFF v. BURDEN

111575/09, 4479.

88 A.D.3d 425 (2011)

932 N.Y.S.2d 1

In the Matter of CHINESE STAFF AND WORKERS' ASSOCIATION et al., Appellants, v. AMANDA M. BURDEN, as Director of the New York City Department of City Planning, et al., Respondents.

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

September 8, 2011.

Attorney(s) appearing for the Case

John C. Gray , South Brooklyn Legal Services, Brooklyn ( Rachel Hannaford and Jennifer Levy of counsel), and Asian American Legal Defense and Education Fund, New York City ( Bethany Y. Li of counsel), for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth S. Natrella , Leonard Koerner , Carrie Noteboom and Haley Stein of counsel), for respondents.

CATTERSON and FREEDMAN, JJ., concur with ANDRIAS, J.P.; MOSKOWITZ and ABDUS-SALAAM, JJ., dissent in an opinion by ABDUS-SALAAM, J.

OPINION OF THE COURT

ANDRIAS, J.P.

The issue before us is whether the Department of City Planning (DCP) conducted an adequate environmental review of the proposed rezoning of an approximately 128-block area in Sunset Park, Brooklyn, bounded generally by Third Avenue, 28th Street, 63rd Street and Eighth Avenue. The rezoning was approved by the City Council on September 30, 2009 and was intended to preserve the existing...

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