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MATTER OF RIVERKEEPER, INC. v. NEW YORK CITY DEPT. OF ENVTL. PROTECTION

2020-05093. Index No. 6106/19.

214 A.D.3d 986 (2023)

184 N.Y.S.3d 620

2023 NY Slip Op 01679

In the Matter of Riverkeeper, Inc., et al., Appellants, v. New York City Department of Environmental Protection, Respondent.

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

Decided March 29, 2023.

Attorney(s) appearing for the Case

Pace Environmental Litigation Clinic, Inc., White Plains, NY ( Todd D. Ommen of counsel; Taylor G. Keselica on the brief), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( MacKenzie Fillow and D. Alan Rosinus, Jr. , of counsel), for respondent.

Iannacci, J.P., Chambers, Maltese and Taylor, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent/defendant to comply with certain provisions of the Sewage Pollution Right to Know Act (ECL 17-0826-a) and action for declaratory relief, the petitioners/plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Joseph J. Esposito, J.), dated May 28, 2020. The order and judgment granted the respondent/defendant's motion pursuant to CPLR...

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