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BLOCK 3066, INC. v. CITY OF NEW YORK

2011-01811.

89 A.D.3d 655 (2011)

932 N.Y.S.2d 130

2011 NY Slip Op 7790

BLOCK 3066, INC., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 1, 2011.

Ordered that the order is affirmed, with costs.

As the Supreme Court correctly concluded, although brought as a declaratory judgment action, the instant matter is directed toward review of an agency determination and, therefore, governed by CPLR, article 78 (see Cloverleaf Realty of N.Y., Inc. v Town of Wawayanda, 43 A.D.3d 419, 420 [2007]; Matter of Vecce v Town of Babylon, 32 A.D.3d 1038

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