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MATTER OF EXXON MOBIL CORP. v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

2019-02345. Index No. 1228/18.

178 A.D.3d 696 (2019)

114 N.Y.S.3d 88

2019 NY Slip Op 08670

In the Matter of Exxon Mobil Corporation, Respondent, v. New York City Department of Environmental Protection et al., Appellants.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York, NY ( Kathy Chang Park and John Moore of counsel), for appellants.

McDermott Will & Emery LLP, New York, NY ( James A. Pardo , Lisa A. Gerson , and Omer Gamlieli of counsel), for respondent.

Mastro, J.P., Leventhal, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order entered January 31, 2019, is reversed, on the law and in the exercise of discretion, with costs, the appellants' motion is granted, the judgment entered November 21, 2018, and the order entered May 2, 2018, are vacated, and the petition is dismissed.

The petitioner submitted a request to the New York City Department of Environmental Protection (hereinafter the DEP) pursuant to the Freedom of Information Law (Public Officers Law art 6 [hereinafter...

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