East Clinton Developers, Inc. v. Town of Clinton

OPINION OF THE COURT

Titone, J.

In this CPLR article 78 proceeding, petitioner, which had applied to the Department of Environmental Conser*417vation (DEC) for a permit to operate a sand and gravel mine on its tract of land in the Town of Clinton, subsequently submitted a proposed draft environmental impact statement to the town as “lead agency”. Before issuing a permit for the operation of such a facility DEC must receive a final environmental impact statement from the lead agency. The issue essentially presented on appeal is whether under the circumstances (as petitioner contends, and Special…