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MATTER OF WILLIAMSBURG INDEPENDENT PEOPLE, INC. v. TIERNEY

6596, 104249/09

91 A.D.3d 538 (2012)

938 N.Y.S.2d 5

2012 NY Slip Op 405

In the Matter of WILLIAMSBURG INDEPENDENT PEOPLE, INC., Appellant, v. ROBERT B. TIERNEY, Respondent.

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

Decided January 24, 2012.

The court properly dismissed the petition seeking to compel respondent to present petitioner's Request For Evaluation (RFE), since "there is no statutory requirement that [respondent] adhere to a particular procedure in determining whether to consider a property for designation" (Matter of Citizens Emergency Comm. to Preserve Preserv. v Tierney, 70 A.D.3d 576, 577 [2010], lv denied 15 N.Y.3d 710

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