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Matter of Elizabeth Street Garden, Inc. v. City of New York 2024 WL 3029971 Court of Appeals (6-1 decision; memorandum opinion; dissenting opinion by Rivera, J.)
In lessee's article 78 proceeding challenging a negative SEQRA declaration for a project designed to build low-cost senior housing, lessee appealed from the Appellate Division's determination upholding the negative declaration. The Court of Appeals affirmed, holding that the city department of housing preservation and development took the requisite hard look at environmental factors.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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