Legal Opinion · Dissent

Chinese Staff & Worker's Ass'n v. Burden

Appellate Division of the Supreme Court of the State of New York

Decided September 8, 2011Published

1Dissent

Abdus-Salaam, J. (dissenting).

I do not agree with the majority that the New York City Department of City Planning (DCP) complied with the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review (CEQR). Accordingly, I respectfully dissent, and would annul the determination.

This proceeding challenges the adequacy of the environmental review undertaken by DCP in connection with the rezoning of more than 25 acres in Sunset Park, Brooklyn, and DCP’s determination that the plan, which includes the rezoning of 33 blocks from residential to commercial use, would not…

2Cases cited7 opinions

  1. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  2. E.F.S. Ventures Corp. v. FosterNew York Court of Appeals · 1988
  3. Coca-Cola Bottling Co. v. Board of EstimateNew York Court of Appeals · 1988
  4. MATTER OF SPITZER v. FarrellNew York Court of Appeals · 2003
  5. Tonery v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998

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