East River Realty Co. LLC v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Lewis Bart Stone, J.

This proceeding was commenced by notice of petition dated December 21, 2007, by petitioner, East River Realty Company, LLC, the owner of four parcels of land located between East 36th Street and East 41st Street on both sides of First Avenue in Manhattan, to review a determination of the New York State Department of Environmental Conservation (DEC) rendered on October 9, 2007 (the determination), which denied East River’s application to include such parcels in the New York State Brownfield Cleanup Program (BCP).

At the initial oral argument on June 17,…