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399 Exterior Street Associates, LLC v. City of New York

157 A.D.3d 432 Court N.Y. App. Div. Decision date 2018-01-02 English

Judges Concur—Richter, J.P., Tom, Kapnick, Kern and Moulton, JJ.

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p. 432
In the Matter of 399 Exterior Street Associates, LLC, Petitioner, v City of New York, Respondent.
[66 NYS3d 116]

Petition, pursuant to Eminent Domain Procedure Law § 207, to set aside the determination of respondent City of New York, published April 6 and 7, 2017, which approved the acquisition of certain real property and zoning thereof for the project commonly referred to as the Development of the Lower Concourse Harlem River Park in the Bronx, denied, the determination confirmed, and the proceeding dismissed, without costs.

The determination and findings of the City fully satisfied the requirements of EDPL 204 (B). There is no requirement that, in its determination and findings, the City address every objection raised at the public hearing (see Matter of Arbern Sutphin Props., LLC v City of New York, 85 AD3d 1158 , 1159-1160 [2d Dept 2011]). In any event, the record does not show that the City failed to consider petitioner’s objections.

Concur—Richter, J.P., Tom, Kapnick, Kern and Moulton, JJ.

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