The Court of Appeals will decide whether the state Department of Health examined hazardous materials and noise factors closely enough when it sanctioned construction of a 20-story nursing home next to a Manhattan elementary school.
As part of its review, the court also may weigh in on a related question that arose last year and generated controversy during an extended battle in the Appellate Division, First Department: Should a party to a lawsuit that fails to file a timely notice of appeal be allowed to voice its opinion in the case using a friend-of-the-court brief?
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