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MATTER OF ARNTZEN v. CITY OF NEW YORK

Index No. 159502/21. Appeal No. 16316-16316A. Case No. 2022-01524.

209 A.D.3d 404 (2022)

174 N.Y.S.3d 585

2022 NY Slip Op 05497

In the Matter of Kathryn Arntzen et al., Respondents, v. City of New York, Appellant.

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

Decided October 4, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jamison Davies of counsel), for appellant.

Sussman & Associates, Goshen ( Michael H. Sussman of counsel), for respondents.

Concur—Gische, J.P., Friedman, Scarpulla, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Frank Nervo, J.), entered February 2, 2022, which, in this CPLR article 78 proceeding to nullify the City of New York's environmental assessment statement's negative declaration with respect to the COVID permanent outdoor dining program, denied the City's motion to dismiss the petition on ripeness grounds, brought up for review by the appeal from an order, same court and Justice, entered March...

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