FRIENDS OF PS v. JEWISH HOME

No. 128.

30 N.Y.3d 416 (2017)

90 N.E.3d 1253

68 N.Y.S.3d 382

2017 NY Slip Op 08621

In the Matter of THE FRIENDS OF P.S. 163, INC., et al., Appellants, v. JEWISH HOME LIFECARE, MANHATTAN et al., Respondents, et al., Respondents. In the Matter of DAISY WRIGHT et al., Appellants, v. NEW YORK STATE DEPARTMENT OF HEALTH, et al., Respondents, et al., Respondents.

Court of Appeals of New York.

Decided December 12, 2017.


Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe LLP, New York City ( Matthew R. Shahabian , J. Peter Coll, Jr. and Rene Kathawala of counsel), for Friends of P.S. 163, Inc., and others, appellants in the first above-entitled proceeding.

John R. Low-Beer , Brooklyn, and Joel R. Kupferman , New York Environmental Law and Justice Project, New York City, for Daisy Wright and others, appellants, in the second above-entitled proceeding.

Eric T. Schneiderman , Attorney General, New York City ( Ester Murdukhayeva , Barbara D. Underwood and Steven C. Wu of counsel), for New York State Department of Health and others, respondents in the first and second above-entitled proceedings.

Greenberg Traurig, LLP, New York City ( Henry M. Greenberg of counsel), for Jewish Home Lifecare, Manhattan, respondent in the first and second above-entitled proceedings.

Akerman LLP, New York City ( Richard G. Leland and Nathan T. Horst of counsel), for The Real Estate Board of New York, Inc., amicus curiae.

Sive, Paget & Riesel, P.C., New York City ( Michael Bogin and Jonathan Kalmuss-Katz of counsel), for CaringKind and others, amici curiae.

Hughes Hubbard & Reed LLP, New York City ( George A. Tsougarakis and Taylor K. Reynolds of counsel), for Services & Advocacy for Gay, Lesbian, Bisexual & Transgender Elders and another, amici curiae.

Zachary W. Carter , Corporation Counsel, New York City ( Amy McCamphill , Richard Dearing and Susan Amron of counsel), for City of New York, amicus curiae.

Adele Bartlett and James A. Caras , Office of the Manhattan Borough President Gale A. Brewer, New York City, for Gale A. Brewer and others, amici curiae.

Mobilization for Justice, New York City ( Kevin Cremin , Nahid Sorooshyari and Jeanette Zelhof of counsel), for Cardozo Bet Tzedek Legal Services and another, amici curiae.

Rachel Spector , New York Lawyers for the Public Interest, New York City, for American Academy of Pediatrics, New York Chapters 2 & 3, and others, amici curiae.


OPINION OF THE COURT

Petitioners in these two CPLR article 78 proceedings challenge a New York State Environmental Quality Review Act (SEQRA) assessment by the New York State Department of Health (DOH) of Jewish Home Lifecare's (JHL) application to construct a new residential...

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