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IN RE OF COMMUNITY PRESERVATION v. MILLER

Appellate Division of the Supreme Court of New York, First Department.
Feb 3, 2005
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Petitioners' State Environmental Quality Review Act (SEQRA)-based challenge to the New York City Childhood Lead Poisoning Prevention Act of 2003 (Local Law No. 1 [2004] of City of New York), enacted by respondent City Council (Administrative Code of City of NY, tit 27, ch 2, subch 2, art 14), was properly dismissed for lack of standing ( see Society of Plastics Indus. v. County of Suffolk, 77 NY2d 761). Petitioners have failed to establish environmental harm distinct from that suffered by the public at large ( id.; see Matter of Rent Stabilization Assn. of N.Y.C., Inc. v. Miller, 15 AD3d 194).