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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

City Council v. Town Board

East-West Realty Corporation, owner of 37 acres in the Town of Colonie, sought to have its property, along with an additional 6 acres, annexed by the City of Watervliet to facilitate a senior citizen assisted-living development. The Town of Colonie denied the petition, citing non-compliance with the State Environmental Quality Review Act (SEQRA) and lack of overall public interest. The City of Watervliet, however, approved the petition and initiated a court proceeding to determine if the annexation was in the public interest, with East-West intervening as a petitioner. The Town of Colonie moved to dismiss the petition, arguing that Watervliet failed to comply with SEQRA prior to approving the annexation. The court found that annexation constitutes an 'action' subject to SEQRA review, even for parcels less than 100 acres, and that such review must occur at the earliest opportunity. Concluding that no SEQRA compliance occurred before the joint hearing, the court granted the Town of Colonie's motion and dismissed the petition.

annexationSEQRAenvironmental reviewzoning restrictionspublic interestmunicipal lawType I actionunlisted actionCPLR 404General Municipal Law
References
14
Case No. MISSING
Regular Panel Decision

Manzi v. Town of Riverhead

This CPLR article 78 proceeding challenged the Town Board of Riverhead's negative declaration under the State Environmental Quality Review Act (SEQRA) regarding a temporary asphalt manufacturing facility. Petitioners alleged environmental harm and raised objections concerning standing, timeliness, and failure to join necessary parties. The Supreme Court largely denied the Town's motion to dismiss. On appeal, the Appellate Division modified the lower court's order, dismissing the petition for two petitioners, Irving Walston, Jr., and Thomas Pipczynski, due to lack of standing. However, the Appellate Division affirmed the Supreme Court's determination that petitioner Richard Manzi had standing, the proceeding was timely, and the non-joined parties were not indispensable. The matter was severed for Richard Manzi and remitted to the Supreme Court for further proceedings.

SEQRAEnvironmental LawStanding DoctrineStatute of LimitationsNecessary PartiesMunicipal Solid Waste LandfillAsphalt Manufacturing FacilityNegative DeclarationCPLR Article 78Administrative Review
References
27
Case No. MISSING
Regular Panel Decision

Long Island Pine Barrens Society, Inc. v. Planning Board of Brookhaven

This case addresses whether the State Environmental Quality Review Act (SEQRA) mandates a cumulative impact statement for over 200 proposed development projects in the Central Pine Barrens of Long Island, a region critical for the area's drinking water aquifer and unique ecology. The Court of Appeals reversed the Appellate Division, holding that SEQRA's requirements for mandatory cumulative impact statements do not apply to this situation. The court distinguished between a general governmental policy of protecting a region and a specific governmental plan for development, asserting that only the latter triggers mandatory cumulative review. It emphasized that a centralized planning approach by the Long Island Regional Planning Board, as outlined in ECL article 55, is the appropriate mechanism for managing development in such a vast and sensitive area, rather than piecemeal decisions through individual SEQRA reviews. While acknowledging the environmental urgency and the delay in the Regional Planning Board's action, the court concluded that the solution must come from legislative action, not by extending SEQRA's existing provisions.

Environmental LawSEQRACumulative Impact StatementPine BarrensLong IslandAquifer ProtectionLand Use PlanningSuffolk CountyState Environmental Quality Review ActECL Article 55
References
7
Case No. 2015 NY Slip Op 04315 [128 AD3d 959]
Regular Panel Decision
May 20, 2015

Matter of County of Rockland v. Town of Clarkstown

The County of Rockland appealed a Supreme Court judgment that denied its petition to annul Resolution No. 442-2012 by the Town Board of Clarkstown, which authorized a permanent traffic barrier on Samuel Road. The petitioners argued that the Town failed to comply with the New York State Environmental Quality Review Act (SEQRA). The Appellate Division, Second Department, affirmed the Supreme Court's decision, finding that the Town was not required to conduct a SEQRA review for the temporary barrier. Furthermore, the court concluded that the Town had properly complied with SEQRA for the permanent barrier by undertaking a 'hard look' at the environmental impact and providing a 'reasoned elaboration' for its determination, thereby dismissing the proceeding.

Environmental Quality Review ActSEQRATown Boardtraffic barrierCPLR article 78declaratory reliefmunicipal lawadministrative lawappellate procedurelower court affirmation
References
5
Case No. 74 N.Y.2d 525
Regular Panel Decision
Jun 15, 1989

Har Enterprises v. Town of Brookhaven

This case addresses the standing of a property owner to challenge an agency's compliance with the State Environmental Quality Review Act (SEQRA) when their property is the subject of a zone change. The New York Court of Appeals held that such an owner is presumptively adversely affected by SEQRA violations and does not need to plead specific environmental harm to establish standing. However, on the merits, the court affirmed the Appellate Division's determination that the Town of Brookhaven had complied with SEQRA mandates. The Town Board, acting as lead agency, properly identified environmental concerns, took a 'hard look,' and provided a reasoned elaboration in its negative declaration, issued before the rezoning approval, which changed the petitioner's 60-acre parcels from commercial to residential use.

StandingSEQRAZoning ChangeEnvironmental Impact ReviewProperty RightsNegative DeclarationAdministrative LawNew York Court of AppealsJudicial ReviewMunicipal Law
References
12
Case No. 2021 NY Slip Op 06178
Regular Panel Decision
Nov 10, 2021

Mutual Aid Assn. of the Paid Fire Dept. of the City of Yonkers, N.Y., Inc. v. City of Yonkers

The plaintiff, a union representing firefighters in Yonkers, initiated an action for declaratory and injunctive relief against the City of Yonkers and other entities regarding the construction of a new firehouse for the Ridge Hill development. The plaintiff contended that the City defendants were in violation of SEQRA and other legal duties for failing to construct the firehouse. The Supreme Court denied the defendants' motions to dismiss, interpreting the SEQRA documents as mandating the firehouse. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order. The Appellate Division found that the SEQRA documents and City Council resolutions did not unambiguously require the construction of a new firehouse, but rather specified other mitigation measures. The court remitted the matter to the Supreme Court for the entry of a judgment declaring in favor of the defendants.

State Environmental Quality Review ActSEQRADeclaratory Judgment ActionInjunctive ReliefMunicipal LawLand Use DevelopmentZoning BoardFire Protection ServicesMixed-Use DevelopmentAppellate Procedure
References
14
Case No. MISSING
Regular Panel Decision

Golten Marine Co. v. New York State Department of Environmental Conservation

The case involves petitioners, neighboring businesses, appealing a judgment concerning construction permits for 20th Century Recycling, Inc. The Supreme Court, Queens County, annulled negative declarations by the DEC and permits issued by the DEC and NYC Department of Health. The appellate court affirmed this annulment, finding that the DEC failed to comply with the New York State Environmental Quality Review Act (SEQRA). Specifically, the DEC omitted crucial environmental concerns like traffic, zoning, and community character in its initial negative declaration, a violation of SEQRA mandates (6 NYCRR 617.11). A subsequent 'amended negative declaration' was deemed insufficient to retroactively validate the invalid environmental review, as SEQRA requires literal compliance.

Environmental LawSEQRAConstruction PermitsNegative DeclarationJudicial ReviewCPLR Article 78ZoningTraffic ImpactCommunity CharacterRegulatory Compliance
References
7
Case No. 2020 NY Slip Op 04212
Regular Panel Decision
Jul 23, 2020

Matter of Troy Sand & Gravel Co., Inc. v. Town of Sand Lake

This case involves appeals by multiple petitioners challenging the Town of Sand Lake's enactment of Local Law No. 4 (2017), a new zoning ordinance. Petitioners, including mining companies and residents, sought to annul the law, arguing violations of SEQRA, inconsistency with the comprehensive plan, and preemption by MLRL. The Supreme Court dismissed the petitions, but the Appellate Division partially modified the judgment. The Appellate Division determined some petitioners had standing and annulled specific sections of Local Law No. 4 related to SEQRA powers and road use regulations. However, the court affirmed the remainder of the judgment, upholding the Town Board's SEQRA compliance, consistency with the comprehensive plan, and the constitutionality of most of Local Law No. 4, including setback and reclamation bond requirements.

Zoning OrdinanceState Environmental Quality Review Act (SEQRA)Mined Land Reclamation Law (MLRL)Standing (Legal)Comprehensive PlanDeclaratory JudgmentCPLR Article 78Local Law AnnulmentZoning Map InconsistencyLegislative Delegation
References
41
Case No. MISSING
Regular Panel Decision

New York Canal Improvement Ass'n v. Town of Kingsbury

The petitioners challenged Local Law No. 1, enacted by the Town of Kingsbury to create an industrial district, on grounds of non-compliance with the State Environmental Quality Review Act (SEQRA). Specifically, they argued that the Town Board improperly issued a negative declaration of environmental significance, circumventing the requirement for a detailed Environmental Impact Statement (EIS). The Supreme Court partially agreed, finding a SEQRA violation and issuing a preliminary injunction on the portion of the new district previously zoned residential. On appeal, the court affirmed the lower court's finding of a SEQRA violation, stressing the importance of integrating environmental considerations early in governmental decision-making. Consequently, the appellate court modified the judgment, declaring Local Law No. 1 null and void and vacating the preliminary injunction.

Environmental LawZoningSEQRALocal LawDeclaratory JudgmentPreliminary InjunctionNull and VoidType I ActionEnvironmental Impact StatementNegative Declaration
References
6
Case No. MISSING
Regular Panel Decision

McKelvey v. White

Petitioners initiated a CPLR article 78 proceeding to overturn decisions by the New York State Department of Transportation (DOT) and the State Historic Preservation Office (SHPO). They challenged DOT's plan to replace the Mitchell Road Bridge with a two-lane bridge, arguing non-compliance with the State Environmental Quality Review Act (SEQRA). Petitioners also disputed SHPO's refusal to list the bridge on the National Historic Register. The Town of Pittsford intervened as a respondent. The court upheld SHPO's decision regarding the Historic Register, deeming claims against respondent Lehman, related to this issue, without merit and dismissed. However, the court found DOT failed to meet SEQRA's procedural requirements, annulled DOT's determination to replace the bridge, and remanded the matter for proper SEQRA compliance.

CPLR Article 78SEQRA ComplianceEnvironmental ReviewBridge ReplacementHistoric PreservationNational Historic RegisterAdministrative LawArbitrary and CapriciousRemandState Department of Transportation
References
7
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