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

Index No. 708684/2020.

2023 NY Slip Op 23363

RIVERKEEPER, INC., CONNECTICUT FUND FOR THE ENVIRONMENT, INC. D/B/A SAVE THE SOUND, BRONX COUNCIL FOR ENVIRONMENTAL QUALITY, NEWTOWN CREEK ALLIANCE, HUDSON RIVER WATERTRAIL ASSOCIATION D/B/A NEW YORK CITY WATER TRAIL ASSOCIATION, RARITAN BAYKEEPER D/B/A NY/NJ BAYKEEPER AND WATERKEEPER ALLIANCE, Petitioners/Plaintiffs, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent/Defendant.

Supreme Court, Queens County.

Decided November 24, 2023.

Attorney(s) appearing for the Case

Todd D. Ommen, Esq. of counsel to Pace Environmental Litigation Clinic, Inc., 78 North Broadway, White Plains, New York 10603, (914) 422-4343, for Petitioners.

Hon. Sylvia O. Hinds-Radix , Corporation Counsel of the City of New York, Andrew Steffan, Esq. , Assistant Corporation Counsel, 100 Church Street New York, New York 10007, (212) 356-1000, for Respondent.

This is a hybrid proceeding brought under CPLR Article 78 in the nature of mandamus and for declaratory relief (CPLR 3001) to compel the Respondent/Defendant New York City Department of Environmental Protection ("DEP") to comply with certain provisions contained in the Sewage Pollution Right to Know Act. Petitioners/Plaintiffs...

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