Legal Opinion

East Harlem Business v. Empire State Development Corp.

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

Decided June 6, 2000PublishedCited by 3 opinions

1Opinion of the Court

Application pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jeffrey Atlas, J.], entered on or about November 10, 1999) to compel respondents’ compliance with the State Environmental Quality Review Act (SEQRA) and the Uniform Land Use Review Procedure, and for a declaration that the condemnation of petitioners’ property violates their constitutional rights, unanimously dismissed, without costs.

The proceeding was improperly commenced in Supreme Court, and is also untimely. Under EDPL 207, a proceeding by a property owner to challenge the…

2Cases cited3 opinions

  1. In Re the Estate of PessanoNew York Court of Appeals · 1946
  2. In re the Estate of PessanoAppellate Division of the Supreme Court of the State of New York · 1945
  3. 922-932 West Beech Corp. v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Metropolitan Museum Historic District Coalition v. De MontebelloAppellate Division of the Supreme Court of the State of New York · 2005
  3. Peckham v. CalogeroAppellate Division of the Supreme Court of the State of New York · 2008

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