SUPREME COURT, APPELLATE DIVISION FIRST DEPARTMENT MARCH 27, 2014 the COURT ANNOUNCES the FOLLOWING DECISIONS: Gonzalez, P.J., T
SUPREME COURT, APPELLATE DIVISION FIRST DEPARTMENT MARCH 27, 2014 THE COURT ANNOUNCES THE FOLLOWING DECISIONS: Gonzalez, P.J., Tom, Renwick, Feinman, JJ. 11459 In re South Bronx Unite!, et al., Index 260462/12 Petitioners-Appellants, -against- New York City Industrial Development Agency, et al., Respondents-Respondents. - - - - - Natural Resources Defense Council, Amicus Curiae. _________________________ New York Lawyers for the Public Interest, New York (Gavin Kearney of counsel), for appellants. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for municipal respondents. Eric T. Schneiderman, Attorney General, New York (Valerie Figueredo of counsel), for State respondent. NYS Urban Development Corp., New York (Simon D. Wynn of counsel), for Empire State Development Corporation, respondent. Nixon Peabody LLP, New York (Laurie Styka Bloom of counsel), for Fresh Direct LLC and UTF Trucking, Inc., respondents. Sive, Paget & Riesel, P.C., New York (Steven Barshov of counsel), for Harlem River Yard Ventures, Inc., respondent. Natural Resources Defense Council, New York (Johanna Dyer of counsel), for amicus curiae. _________________________ Order, Supreme Court, Bronx County (Mary Ann Brigantti- Hughes, J.), entered May 31, 2013, which, in this hybrid CPLR article 78/declaratory judgment proceeding, denied the petition challenging respondent New York City Industrial Development Agency’s (IDA) decision to provide tax subsidies and financial assistance to respondent Fresh Direct LLC for the purposes of relocating its operation to the Harlem River Yards (HRY) in the Bronx without requiring a supplemental environmental impact study, dismissed the remaining causes of action, and dismissed the petition, unanimously modified, on the law, to the extent of declaring that IDA’s issuance of a negative declaration did not violate the New York State Environmental Quality Review Act (SEQRA), was not arbitrary and capricious, and was not an abuse of discretion, and otherwise affirmed, without costs.
[Show full text]