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MATTER OF E2CD, LLC v. APPEALS UNIT OF NYC ENVIRONMENTAL CONTROL BOARD

2012-10310, Index No. 6010/12.

116 A.D.3d 773 (2014)

982 N.Y.S.2d 914

2014 NY Slip Op 2434

In the Matter of E2CD, LLC, Petitioner, v. APPEALS UNIT OF NYC ENVIRONMENTAL CONTROL BOARD, a Division of the NYC office of Administrative Trials and Hearings, Respondent.

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

Decided April 9, 2014.

Adjudged that the determination dated November 17, 2011, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner is the owner of a four-story building in Brooklyn. He commenced this CPLR article 78 proceeding to review a determination of the Environmental Control Board of the City of New York (hereinafter the ECB), which confirmed the determination of an administrative law judge, finding that

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