Matter of HLP Props., LLC v New York State Dept. of Envtl. Conservation
2010 NY Slip Op 01059 [70 AD3d 469]
February 11, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


In the Matter of HLP Properties, LLC, et al., Respondents,
v
New York State Department of Environmental Conservation, Appellant.

—[*1] Andrew M. Cuomo, Attorney General, New York (Norman Spiegel of counsel), for appellant. Gibson, Dunn & Crutcher LLP, New York (Randy M. Mastro of counsel), for respondents.

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.

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, 68 AD3d 564 [2009], citing, inter alia, Justice Tolub's opinion herein, 21 Misc 3d 658, 669 [2008]). A remand for a new determination is unnecessary (see id. at 564). Concur—Mazzarelli, J.P., Acosta, Renwick and Freedman, JJ.