Legal Opinion

Block 3066, Inc. v. City of New York

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

Decided November 1, 2011PublishedCited by 7 opinions

1Opinion of the Court

*656As the Supreme Court correctly concluded, although brought as a declaratory judgment action, the instant matter is directed toward review of an agency determination and, therefore, governed by CPLR article 78 (see Cloverleaf Realty of N.Y., Inc. v Town of Wawayanda, 43 AD3d 419, 420 [2007]; Matter of Vecce v Town of Babylon, 32 AD3d 1038, 1039-1040 [2006]; cf. Martin Goldman, LLC v Yonkers Indus. Dev. Agency, 12 AD3d 646, 648 [2004]). In essence, the plaintiff seeks review of a determination of the City of New York Department of Parks and Recreation (hereinafter the Parks Department), set…

2Cases cited5 opinions

  1. Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
  2. Cauldwest Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  3. Cloverleaf Realty of New York, Inc. v. Town of WawayandaAppellate Division of the Supreme Court of the State of New York · 2007
  4. Martin Goldman, LLC v. Yonkers Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2004
  5. Vecce v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by7 opinions

  1. Matter of Mensch v. Planning Bd. of the Vil. of WarwickAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of AJM Capital II, LLC v. Long Is. R.R. Co.Appellate Division of the Supreme Court of the State of New York · 2015
  3. RSTA Holdings, LLC v. New York City Dept. of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 2023
  4. Pebble Hill Building Corp. v. MadelikAppellate Division of the Supreme Court of the State of New York · 2016
  5. Carter v. Walt Whitman New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012

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