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

Nos. 6987, 114631/09, 116323/09.

94 A.D.3d 508 (2012)

942 N.Y.S.2d 477

2012 NY Slip Op 2752

In the Matter of DEVELOP DON't DESTROY (BROOKLYN), INC., et al., Respondents, v. EMPIRE STATE DEVELOPMENT CORPORATION et al., Appellants. In the Matter of PROSPECT HEIGHTS NEIGHBORHOOD DEVELOPMENT COUNCIL, INC., et al., RESPONDENTS, v. EMPIRE STATE DEVELOPMENT CORPORATION et al., Appellants.

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

Decided April 12, 2012.

The Atlantic Yards Arena and Redevelopment Project is to be constructed in two phases. Phase I encompasses the construction of a sports arena, a new MTA/Long Island Rail Road rail yard, and improvements in transit access, including a new subway entrance. Phase II encompasses the construction of 11 of the Project's 16 high-rise commercial and residential buildings. In 2006, ESDC prepared a Final Environmental Impact Statement (FEIS) based on the 2006 Project Plan, using a...

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