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MATTER OF NEW CREEK BLUEBELT, PHASE 4

2018-08422. Index No. 4018/07.

205 A.D.3d 808 (2022)

168 N.Y.S.3d 505

2022 NY Slip Op 03118

In the Matter of New Creek Bluebelt, Phase 4. Ivan Galarza, Respondent-Appellant; City of New York, Appellant-Respondent.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Adam Dembrow and Michael Chestnov of counsel), for appellant-respondent.

Goldstein, Rikon, Rikon, Houghton, P.C., New York, NY ( Jonathan Houghton and Ashley Levi of counsel), for respondent-appellant.

Esseks, Hefter, Angel, DiTalia & Pasca, LLP, Riverhead, NY ( Steven R. Angel of counsel), for amicus curiae Pacific Legal Foundation.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order, judgment, and eighth separate and partial final decree is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The claimant, Ivan Galarza, owned a vacant, unimproved, approximately 21,000-square-foot property near the eastern shore of Staten Island. The property is zoned for residential development, but the entirety of the property is designated as wetlands. On June 11, 2007, the City of New York acquired the...

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