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MATTER OF CEE-JAY REAL ESTATE DEVELOPMENT CORP. v. NEW YORK CITY DEPARTMENT OF PARKS & RECREATION

2021-07727, Index No. 85066/21.

2024 NY Slip Op 01919

IN THE MATTER OF CEE-JAY REAL ESTATE DEVELOPMENT CORP., Appellant, v. NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Respondent.

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

Decided April 10, 2024.

Attorney(s) appearing for the Case

Falcon Rappaport & Berkman LLP, New York, NY ( Christopher M. Slowik of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Tahirih M. Sadrieh and Jeremy Pepper of counsel), for respondent.

Before: Angela G. Iannacci, J.P., Linda Christopher, Paul Wooten, Janice A. Taylor, JJ.

DECISION & ORDER

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent/defendant dated March 25, 2021, inter alia, determining that a tree was under its jurisdiction and that the petitioner/plaintiff was required to pay restitution for the destruction of the tree in the sum of $60,200, and action, inter alia, for a judgment declaring that the respondent/defendant does not have jurisdiction over trees in streets that are...

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