FRANKLIN ST. v. NYC ENVTL.

101767/15, 101769/15, 101768/15, 100303/16, 101770/15.

164 A.D.3d 19 (2018)

83 N.Y.S.3d 41

2018 NY Slip Op 05407

In the Matter of FRANKLIN STREET REALTY CORP., Petitioner, v. NYC ENVIRONMENTAL CONTROL BOARD et al., Respondents. In the Matter of J.P. & ASSOCIATES PROPERTIES CORP., Petitioner, v. NYC ENVIRONMENTAL CONTROL BOARD et al., Respondents. In the Matter of 41-03 31ST AVE. REALTY CORP., Petitioner, v. NYC ENVIRONMENTAL CONTROL BOARD et al., Respondents. In the Matter of 23-06 JACKSON AVE. REALTY CORP., Petitioner, v. NYC ENVIRONMENTAL CONTROL BOARD et al., Respondents.

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

Decided July 19, 2018.


Attorney(s) appearing for the Case

Cohen, Hochman & Allen, New York City ( Lindsay I. Garroway and Nicole Beletsky of counsel), for petitioners.

Zachary W. Carter , Corporation Counsel, New York City ( Barbara Graves-Poller and Claude S. Platton of counsel), for respondents.

WEBBER and KERN, JJ., concur with TOM, J.P.; ANDRIAS and KAPNICK, JJ., dissent in a separate opinion by ANDRIAS, J.


OPINION OF THE COURT

In these CPLR article 78 proceedings, petitioners seek to annul determinations of the New York City Environmental Control Board (ECB) which found that petitioners engaged in unauthorized outdoor advertising and imposed penalties for such conduct. We find the determinations of the ECB that petitioners engaged...

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