On October 4, 2022, the Appellate Division, First Department ruled in favor of the City in its appeal challenging a February Supreme Court ruling that halted the City’s development of the permanent open restaurants program.
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Appellate Division Upholds Sloan-Kettering, Hunter College Expansion
Court held City did not act arbitrarily; parkland-for-floor area was not illegal quid pro quo. On October 9, 2013, the City Council approved an application by Memorial Sloan-Kettering Cancer Center and The City University of New York/Hunter College for development of a former New York City Department of Sanitation garage. (See CityLand’s past coverage here.) Residents for Reasonable Development petitioned for injunctive and declarative relief, arguing the environmental impact statement failed to consider Hunter’s … <Read More>
Court Dismisses Suit in Opposition to Hospital Development
Upper East Side community group did not meet burden of proof that City acted arbitrarily. On July 28, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the proposed expansion of Memorial Sloan-Kettering Hospital. The petitions were brought by the Residents for Reasonable Development and several Upper East Side residents acting individually. The petitioners argued that the institutional uses of the project were incompatible with the largely … <Read More>
Fence blocking public access to beach enjoined
Neighbors win claim of express easement to access beach along Long Island Sound. In 1928, Locust Point Estate subdivided a large parcel of land on the Throgs Neck peninsula in the Bronx into six residential parcels, and recorded a declaration granting to the new owners easements over six private roads including Casler Place, a dead-end street leading to a patch of beach on the shore of the Long Island Sound. Casler Place remained a private … <Read More>
Street furniture franchise challenge rebuffed
Losing bidders challenged DOT’s selection of Spanish-based outdoor advertising franchisee. In May 2006, the City approved a 20-year franchise to Cemusa, Inc. to construct and maintain citywide street furniture, including bus shelters, news racks and pay toilets, on which Cemusa would be permitted to sell advertising space. Approval by the City’s Franchise and Concession Review Committee came after a DOT-initiated request for proposals, a DOT-review and award process, and a public hearing. 3 CityLand 129 … <Read More>
Challenge to East 91st transfer station rebuffed
Community claimed the FEIS flawed, the project was a nuisance and a Bronx facility would be more economical. In June 2005, Sanitation obtained final City approval for construction of a marine transfer station on the site of an inactive waste transfer station at East 91st Street and the East River. The approval was part of a citywide proposal to make each borough responsible for the export of its own waste. Sanitation’s proposal to reactivate the … <Read More>