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Click Here for Initial Case Files
Summary of the Initial Complaint

On December 23, 2009 DDDB et al. filed a

Seeking leave to appeal to the Court of Appeals from the Court of Appeals.
This appeal was denied on December 1, 2009 by the Court of Appeals

Petitioners Respondents
Memorandum of Law
(Filed July 31, 2009)

Reply Brief
(Filed August 17, 2009)
ESDC Opposition
(Filed August 13, 2009)

Forest City Ratner Opposition
(Filed August 13, 2009)
Seeking leave to appeal to the Court of Appeals from the Appellate Division (1st Dept.) the decision by the Appellate Division.

June 30 , 2009: The Appellate Division denied leave to appeal to the Court of Appeals
Petitioners Respondents
Notice of Motion for Leave to Appeal to the Court of Appeals
(Filed March 27, 2009)

(Filed April 10, 2009)
ESDC Opposition
(Filed April 8, 2009)

Forest City Ratner Opposition
(Filed April 8, 2009)
February 26, 2009
Appellate Division Rules For Empire State Development Corporation
Click to read the ruling.

Petitioners will seek review by the Court of Appeals

Media Coverage of the Ruling:
Appellate court, despite some misgivings, dismisses EIS case; one judge concurs but slams blight study, says his hands were tied
--Atlantic Yards Report

Atlantic Yards developer wins key legal victory
Forest City Ratner gets a green light from courts but still needs one from banks.
--Crain's New York Business

Concerns 'Legitimate' But Project Proceeds
--New York Law Journal

Legal Victory for Atlantic Yards Developer
--New York Times City Room Blog

Breaking news! Ratner wins a big Yards case
--The Brooklyn Paper

Appeal Briefs
Petitioner Brief filed July 7, 2008.

Appeal argument took place September 17th.
New York State Supreme Court Appellate Division, First Department

Press account of the argument:

In appeal of case challenging AY environmental review, some justices skeptical of state’s blight claim
Atlantic Yards Report. September 18, 2008.

Press Release

Article on some of the issues at stake:
In EIS case appeal, debate over blight and a mysterious market study - Atlantic Yards Report
Petitioners Respondents

Appeal Brief
- Searchable (brief as filed)
(Filed July 7, 2008)

Reply Brief
(Filed August 22, 2008)

Motion to Enlarge the Record
to include the document entitled "Atlantic Yards Arena And Redevelopment Project-Contract Scope For An Environmental Impact Statement"
(Filed August 22, 2008)

Reply to Opposition to Motion to Enlarge the Record
(Filed September 5, 2008)

Reply Appendix: Atlantic Yards Arena and Development Project - Contract Scope for an Environmental Impact Statement

Preliminary Injunction Briefs
(Filed January 18, 2008):
> Attorney Jeffrey S. Baker Affirmation
> Attorney Jeffrey S. Baker Affidavit

Opposition to Respondents' Cross Motion for an Expedited Appeal and in Support of Appellants' Motion for a Preliminary Injunction
(Filed January 31, 2008):
> Attorney Jeffrey S. Baker Affirmation
> Exhibit A
> Exhibit B

Opposition Briefs
(Filed August 6, 2008)
> Empire State Development Corporation
> Forest City Ratner
> Public Authorities Control Board

Opposition to Motion to Enlarge the Record
(Filed September 1, 2008)

Preliminary Injunction and Cross Motion for Expedited Appeal Briefs
(Filed January 25, 2008):

Empire State Development Corporation (ESDC)
> Attorney Philip E. Karmel Reply
(Filed February 4, 2008)

> Notice of Cross Motion
> Memorandum of Law
> Attorney Philip E. Karmel Affirmation

Forest City Ratner Companies (FCRC)
> Attorney Jeffrey L. Braun Reply
(Filed February 4, 2008)

> Attorney Jeffrey L. Braun Affirmation
> Andrew Silberfein Affidavit - EVP, Director of Finance
> MaryAnne Gilmartin Affidavit - EVP in Charge of Atlantic Yards
> Robert P. Sanna Affidavit - EVP, Director of Construction Design & Development

Public Authorities Control Board (PACB)

> Attorney Peter Karanjia Affirmation

Metropolitan Transportation Authority (MTA)
> Attorney Stephen L. Kass Reply
(Filed February 4, 2008)

> Attorney Stephen L. Kass Affirmation
> Richard Oakley Affidavi - Director, LIRR Capital Program Management


Develop Dont Destroy Brooklyn, Inc.
Council of Brooklyn Neighborhoods, Inc
NY Public Interest Research Group/Straphangers
Central Brooklyn Independent Democrats (CBID)
Sierra Club
Atlantic Avenue Betterment Association
The Brooklyn Bear’s Gardens Inc
Bergen Street-Prospect Heights Block Association, Inc.
Boerum Hill Association
Brooklyn Vision, Inc.
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Carroll Street Block Association (5th to 6th Ave), Inc.
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Zen Environmental Studies Institute


Empire State Development Corporation (ESDC)

Forest City Ratner Companies

Metropolitan Transportation Authority (MTA)

Public Authorities Control Board (PACB)