This decision involved “sidewalk cafes and restaurants erected during the (COVID-19) pandemic along the streets of New York City” (City). Following executive orders issued by the State during the early stage of the pandemic, former Mayor de Blasio issued Emergency Executive Order 126 which, inter alia, directed the NYC Dep’t of Transportation (DOT) “to establish and administer a program to expand seating options for restaurants, bars, and other establishments in certain outdoor areas, including on public sidewalks and curbside/street space, and otherwise suspended various zoning laws related to same….”

Following the “issuance of an environmental assessment statement (EAS), the Department of Transportation (DOT) issued a negative declaration (neg dec), concluding that the “program would have no significant effect on the environment….”