Professional Documents
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Index 101068/15
In re City Club of
New York, Inc., et al.,
Petitioners-Appellants-Respondents,
-againstHudson River Park Trust,
Inc., et al.,
Respondents-Respondents-Appellants.
- - - - New Yorkers for Parks and New York
League of Conservation Voters,
Amici Curiae.
_________________________
Emery Celli Brinckerhoff & Abady LLP, New York (Richard D. Emery
of counsel), for appellants-respondents.
Sive, Paget & Riesel, P.C., New York (David Paget of counsel, for
Hudson River Park Trust, respondent-appellant.
Wachtell, Lipton, Rosen & Katz, New York (Marc Wolinsky of
counsel), for Pier 55, Inc., respondent-appellant.
Carter Ledyard & Milburn LLP, New York (Christopher Rizzo of
counsel), for New Yorkers for Parks and New York League of
Conservation Voters, amici curiae.
_________________________
Order and judgment (one paper), Supreme Court, New York
County (Joan B. Lobis, J.), entered April 7, 2016, which, among
other things, declared that respondents proposed Pier 55
project, including respondent Hudson River Park Trusts (the
Trust) decision to enter into a lease with respondent PIER55,
Inc., does not violate the public trust doctrine, denied the
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Appeals from
orders, same court and Justice, entered November 20, 2015, and
April 5, 2016, which respectively denied petitioners motion for
expedited discovery and denied their motion to permit
supplemental briefing, unanimously dismissed, without costs, as
abandoned.
The Trust took the requisite hard look at the projects
anticipated adverse environmental impacts, and provided a
reasoned elaboration for the negative declaration, and its
determination was not arbitrary and capricious, unsupported by
the evidence, or a violation of law (see Matter of Riverkeeper,
Inc. v Planning Bd. of Town of Southeast, 9 NY3d 219, 232 [2007];
see also CPLR 7803[3]).
state what their bid would be since the Trust failed to state
what the prospectus would have looked like.
Although there is no
Accordingly,
The 2013
Given the
SEPTEMBER 8, 2016
_______________________
CLERK
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