affirmation of michael burger in support of defendant's motion to ...

3. The building at 2 Columbus Circle, presently owned by the City, sits
vacant and in deteriorating condition on the south end of Columbus Circle, a central and
important part of the City that has otherwise experienced significant rejuvenation and
redevelopment.
The sale will allow the Museum to move from its current location at West 53rd
Street, where there is only enough room to host temporary exhibitions, to a larger space where
the Museum will be able to, among other things, display its permanent collection, open an
restaurant, and develop a Center for the Study of Contemporary Craft. The sale has already
undergone an extensive public review process pursuant to the City's Uniform Land Use Review
Procedure ("ULURP"), including public hearings before Community Board 5 and the City
Planning Commission,
and has been approved at all levels.
4. The proposal also underwent environmental review in accordance with the
State Environmental Quality Review Act and the Rules of Procedure for City Environmental
Quality Review. The environmental review for the project was challenged in an Article 78
Proceeding commenced
by these same plaintiffs, who claimed that the review did not adequately
address the historic and architectural value of the building. In an opinion dated April 15, 2004,
Justice Walter B. Tolub determined that a thorough environmental review for the project had
been completed, and that the review of historic and architectural
resources was entirely adequate,
and dismissed the proceeding. See Landmark West v. Burden, 2004 NY Slip Op 5033IU, 3
Misc. 3d 1102A (Sup. Ct. N.Y. Cty. 2004). That decision was appealed to the First Department,
where arguments were held on December
1, the same day this action was filed.
5. Pursuant to Section 384(b)(4) of the New York City Charter, final
disposition of the building requires the approval of the Manhattan Borough Board. A public
2