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Environmental Judgment
Matter of Friends of P.S. 163, Inc. v. Jewish Home Lifecare, Manhattan
NYLJ 1/23/17, p. 18, col. 6
AppDiv, First Dept.
(3-1 decision; majority memorandum; dissenting opinion by Gesmer, J.)
In an article 78 proceeding by a parents group seeking to annul a findings statement issued by the Department of Health proposing to construct a 20-story nursing home adjacent to an elementary school, the Department of Health and the nursing home appealed from Supreme Court's grant of the petition. A divided Appellate Division reversed, concluding that the trial court had improperly substituted its analysis for that of the lead agency.
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