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HLP Properties, LLC v. New York State Department of Environmental Conservation

70 A.D.3d 469, 898 N.Y.S.2d 449
Appellate Division of the Supreme Court of the State of New York·Decided February 11, 2010·Published

Opinion

—Order and judgment (one paper), Supreme Court, New York County (Walter B. Tolub, J.), entered September 24, 2008, annulling respondent agency’s denial of petitioners’ application for admission into the Brownfield Cleanup Program, and directing acceptance of petitioners’ property into the program, unanimously affirmed, without costs.

Recent precedent of this Court compels the conclusion that respondent improperly departed from statutory criteria in finding that the subject property is not a brownfield site (Matter of East Riv. Realty Co., LLC v New York State Dept. of Envtl. Conservation, 68 AD3d 564 [2009], citing, inter alia, Justice Tolub’s opinion herein, 21 Misc 3d 658, 669 [2008]). A remand for a new determination is unnecessary (see id. at 564). Concur— Mazzarelli, J.P., Acosta, Renwick and Freedman, JJ.

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HLP Properties, LLC v. New York State Department of Environmental Conservation, 70 A.D.3d 469, 898 N.Y.S.2d 449 (N.Y. Ct. App. 2010).

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HLP Properties, LLC v. New York State Department of Environmental Conservation
21 Misc. 3d 658 (New York Supreme Court, 2008)