Opinion
Argued June 29, 2001.
August 20, 2001.
Proceeding pursuant to EDPL 207 to review a determination of the New York City School Construction Authority, dated February 28, 2001, made after a public hearing, to condem a parcel of real property owned by the petitioner for the purpose of building a public elementary school.
Milbank, Tweed, Hadley McCloy, New York, N.Y. (Russell E. Brooks, Jennifer Anglim, and Justin P. Killian of counsel), for petitioner.
Blank Rome Tenzer Greenblatt, LLP, New York, N.Y. (James G. Greilsheimer and Shari B. Kibel of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Judicial review of a condemnation determination is limited to whether the proceeding was constitutional, whether the proposed acquisition is within the condemnor's statutory jurisdiction, whether the determination and findings were made in accordance with the procedures set forth in EDPL article 2, and whether a public use, benefit, or purpose will be served (see, EDPL 207[C]; Matter of Waldo's, Inc. v. Village of Johnson City, 74 N.Y.2d 718, 720; Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 418). The petitioner failed to demonstrate any basis for setting aside the respondent's determination.