The following e-filed documents, listed by NYSCEF document number (Motion 001) 19, 24, 25, 26, 86 were read on this motion to/for PREL INJUNCTION/TEMP REST ORDR. DECISION + ORDER ON MOTION Upon the foregoing documents, it is ORDERED AND ADJUDGED that the petition for relief, pursuant to CPLR Article 78, of Petitioner Franklin Ave Acquisition, LLC (Motion Seq. 001) is denied, and the proceeding is dismissed; and it is further ORDERED AND ADJUDGED that the application of Respondents the City of New York, the New York City Department of Planning (DCP), the New York City Planning Commission (CPC), and Anita Laremont, in her official capacity as Director of the DPC and the Chair of the CPC, for an order denying the petition and dismissing the proceeding is granted; and it is further ORDERED that the Clerk of the Court shall enter judgment accordingly; and it is further ORDERED that counsel for Petitioner shall serve a copy of this order, along with notice of entry, on all parties within ten (10) days. MEMORANDUM DECISION In motion sequence number 001, petitioner Franklin Ave. Acquisition, LLC (petitioner or applicant), brings this proceeding pursuant to Article 78 of the Civil Practice Laws and Rules, seeking to reverse the decision of the New York City Planning Commission (CPC), disapproving its applications to rezone real property located at 960 Franklin Avenue in Brooklyn (960 Franklin) (see Verified Supplemental Petition, verified October 15, 2021 [Petition] [NYSCEF Doc No 52] 1). Respondents the City of New York, the New York City Department of Planning (DCP), the New York City Planning Commission (CPC), and Anita Laremont, in her official capacity as Director of the DPC and the Chair of the CPC, oppose and request that the petition be denied and the proceeding be dismissed in its entirety. BACKGROUND Petitioner is the applicant of record under several applications for discretionary land use actions to facilitate its construction of two 39-story towers in the Crown Heights neighborhood of Brooklyn, bound by Franklin Avenue, Sullivan Place, Washington Avenue, and Montgomery Street (see opposition affidavit of Jonah Rogoff, sworn to December 2, 2021 [Rogoff aff][NYSCEF Doc No 55] 19).1 Petitioner refers to these applications, designated C 200184 ZMK, N 200185 ZRK, C200186 ZSK, C200187 ZSK, and N 200188 LDK, as the “Combined Applications” (Petition
16, 18). The Combined Applications contained requests for four discretionary land use approvals, affecting nine properties (Project Area), including 5 properties controlled by petitioner, which comprise the development site (Development Site) (id.
