MTR OF AVELLA v. CNY

No. 54.

29 N.Y.3d 425 (2017)

80 N.E.3d 982

58 N.Y.S.3d 236

2017 NY Slip Op 04383

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.

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.

Zachary W. Carter , Corporation Counsel, New York City ( Richard P. Dearing and Michael Pastor of counsel), for City of New York and others, respondents.

John R. Low-Beer , Brooklyn and Law Office of Lorna Goodman, New York City ( Lorna B. Goodman of counsel), for Tony Avella and others, respondents.

Eric T. Schneiderman , Attorney General, New York City ( Anisha S. Dasgupta , Barbara D. Underwood and Andrew Rhys Davies of counsel), for Attorney General of the State of New York, amicus curiae.

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

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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