NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 11, 2010
IN RE HLP PROPERTIES, LLC, ET AL., PETITIONERS-RESPONDENTS,
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, RESPONDENT-APPELLANT.
Order and judgment (one paper), Supreme Court, New York County (Walter B. Tolub, J.), entered September 24, 2008, annulling respondent agency's denial of petitioners' application for admission into the Brownfield Cleanup Program, and directing acceptance of petitioners' property into the program, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Acosta, Renwick, Freedman, JJ.
Recent precedent of this Court compels the conclusion that respondent improperly departed from statutory criteria in finding that the subject property is not a brownfield site (Matter of East Riv. Realty Co., LLC v New York State Dept. of Envtl. Conservation, __ AD3d __, 2009 NY Slip Op 09381 [decided Dec. 17, 2009], citing, inter alia, Justice Tolub's opinion herein, 21 Misc 3d 658, 669 ). A remand for a new determination is unnecessary (see id. at *1-2).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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