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Lawyer & Attorney ReferralsThe First Department Upholds the Supreme Court’s Rejection of DEC’s Use of a “But-For” Test in Determining Eligibility under the Brownfield Program
James J. Periconi, Esq. | April 12, 2010
The First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381 (N.Y. App. Div., 1st Dep’t 2009), recently upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” test in determining