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MATTER OF CLEAN REALTY LLC v. CITY OF NEW YORK

Index No. 159012/18. Appeal No. 13181. Case No. 2019-5273.

191 A.D.3d 574 (2021)

138 N.Y.S.3d 870

2021 NY Slip Op 01140

In the Matter of Clean Realty LLC, Appellant, v. City of New York et al., Respondents.

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

Decided February 23, 2021.

Attorney(s) appearing for the Case

Berger Fink LLP, New York ( Jason M. Fink of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.

Supreme Court correctly found that OATH, the parent agency to the Environmental Control Board (ECB) since 2008, did not act without, or in excess of, its jurisdiction (CPLR 7803[2]; Matter of Holtzman v Goldman, 71 N.Y.2d 564, 569 [1988]). Petitioner fails to prove a conflict where "local laws prohibit what would be permissible under [s]tate law, or impose prerequisite additional restrictions on rights under [s]tate law, so as to...

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