Legal Opinion · Concurrence

DAWLEY, DESIREE v. WHITETAIL 414, LLC

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2015No. CA 15-00089Published

1Concurrence

Centra, J.P.

(concurring). I agree with the majority that Supreme Court erred in dismissing the petition, but I write *1572separately because, in my view, a transcript of a hearing may in certain circumstances satisfy the requirement that a lead agency “set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation” (Department of Environmental Conservation Regulations [6 NYCRR] § 617.7 [b] [4]; see Matter of Coursen v Planning Bd. of Town of Pompey, 37 AD3d 1159, 1160 [2007]). Under the circumstances of this…

2Cases cited1 opinion

  1. Coursen v. Planning Board of the Town of PompeyAppellate Division of the Supreme Court of the State of New York · 2007

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