In the Matter of TONY AVELLA et al., Respondents,
v.
CITY OF NEW YORK et al., Respondents, and
QUEENS DEVELOPMENT GROUP, LLC, et al., Appellants.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued April 25, 2017.
Decided June 6, 2017.
Attorney(s) appearing for the Case
Gibson, Dunn & Crutcher LLP, New York City ( Caitlin J. Halligan of counsel), Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Jonathan Frank of counsel), and Fox Rothschild LLP, New York City ( Karen Binder of counsel), for appellants.
Albert K. Butzel Law Office, New York City ( Albert K. Butzel of counsel), and Jonathan L. Geballe , New York City, for Natural Resources Defense Council and others, amicus curiae.
Judges RIVERA, STEIN, FAHEY and GARCIA concur; Chief Judge DIFIORE dissents in an opinion.
OPINION OF THE COURT
WILSON, J.
Plaintiffs — a state senator, not-for-profit organizations, businesses, taxpayers, and users of Flushing Meadows Park, brought this hybrid CPLR article 78 proceeding and declaratory judgment action in Supreme Court seeking to enjoin the proposed development...
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