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MATTER OF A&F SCACCIA REALTY CORP. v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

2019-05313. Index No. 715482/18.

200 A.D.3d 875 (2021)

161 N.Y.S.3d 108

2021 NY Slip Op 06995

In the Matter of A&F Scaccia Realty Corp., 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 15, 2021.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York, NY ( Scott Shorr and Tahirih M. Sadrieh of counsel), for appellants.

Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, NY, for respondent.

Mastro, J.P., Brathwaite Nelson, Iannacci and Genovesi, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the motion of the New York City Department of Environmental Protection and City of New York to vacate the judgment entered December 7, 2018, is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The petitioner, A&F Scaccia Realty Corp. (hereinafter A&F), is the owner of real property in Queens which is used...

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