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NYS DEPARTMENT OF HEALTH ‘Sequence Number : 001 ARTICLE 78 SUPREME COURT OF THE STATE OF NEW YORK ‘NEW YORK COUNTY -- PART 6 163 SCHOOL MILES KROSS, Index No.:100546/15 by his father, Joshua Kross; STELLA KROSS, by her father, Joshua Kross; EUGENIA FINGERMAN; ELUAH FINGERMAN, by his mother, Eugenia Fingerman; GISELLE SANCHEZ; GIOVANNI FELICIANO, by his mother, Giselle Sanchez; LUCINDY CUEVAS; ANNELI LOPEZ, by her mother, Lucindy Cuevas; KEVIN RICHARDSON; - CAMERON RICHARDSON, by his father, Kevin Richardson; DANIEL WEBSTER; DANIEL J.WEBSTER, by his father, Daniel Webster, DANIEL HOLT; and RACHEL BAKER-HOLT, by her father, Daniel Holt, DECISION, ORDER Petitioners, & JUDGMENT - against - JEWISH HOME LIFECARE, MANHATTAN, NEW YORK STATE DEPARTMENT OF HEALTH, 156 W. 106™ STREET HOLDING CORP., 102 W. 107"! CORP., & PWV OWNER, LLC, Respondents, NATHANIEL ROBERT LIVINGSTON by his parent Index No.:100641/15 Daisy Wright, OLIVER WRIGHT LIVINGSTON, : by his parent Daisy Wright, ELIZABETH WRIGHT, BERNIE WRIGHT by his parent Elizabeth Wright, VIVIAN DEE, SONIA GARCIA, JOAN HEITNER, PATRICIA LOFTMAN, LILLIAN PRYOR, EILEEN SALZIG, VALERIA SPANN and WALTER REINHARDT, ' Petitioners, UNFILED JUD . ae dome ant has not been Sh Te coun ~ against - obtain 202 Of entry cannot be served ba aw pee accuse! oF authorized rep NEW YORK STATE DEPARTMENT OF HEALTHSg Sy" I" Pereon the sudgment Cans Dect’ ‘(Room HOWARD ZUCKER, As Acting Commissioner of the NEW YORK STATE DEPARTMENT OF HEALTH, we JEWISH HOME LIFECARE, MANHATTAN, PWV... * OWNER, LLC, 156 W. 106™ STREET HOLDING CORPORATION, and 102 W. 107" CORPORATION, Respondents. means uso nace pense LOBIS, JOAN, J.: These Article 78 proceedings were brought to challenge the determination of respondent New York State Department of Health (DOH) to approve an application by respondent Jewish Home Lifecare, Manhattan (JHL) to construct a twenty-story nursing home (proposed facility ‘or project) at 125 West 97° Street in Manhatton’s Upper West Side (proposed site). Petitioners, including an organization of parents and teachers of children attending a public school adjacent to the proposed site (the P.S. 163 proceeding), and residents of buildings near the proposed site (the ‘Tenants proceeding), seek an order and judgment vacating and annulling DOH’s determination, alleging that DOH failed to comply with the requirements of the State Environmental Quality Review Act (SEQRA) Environmental Conservation Law [ECL] § 8-0101 et seq,). Respondents | JHL, DOH, Howard Zucker, and PWV Owner, LLC, oppose the petitions,’ which are consolidated for purposes of their disposition. BACKGROUND Petitioner Friends of P.S. 163, Inc. (PTA) is the parent-teacher organization representing the interests of parents and teachers of students at P.S, 163, an elementary school located at 163 West 97* Street, next to the proposed site, Petitioner P.S. 163 School Leadership Team (SLT), made up of the school principal, PTA president, teachers and parents, is the school body responsible for setting the school’s educational agenda inline with its budget. The individual petitioners in the P.S, 163 proceeding include students attending P.S, 163 and their parents 'By stipulation dated May 11, 2015, the P.S. 163 proceeding was discontinued against PWV ‘Owner, LLC, but the Tenants proceeding was not. See PWV Owner, LLC’s Memorandum of Law in Opposition to Petition. 2

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