Ames v. Smoot

Weinstein, J. (dissenting).

We are herein called to pass upon the question of whether an enactment of the Board of Trustees of the Incorporated Village of Laurel Hollow (hereinafter the board) is null and void by reason of noncompliance with the provisions of the State Environmental Quality Review Act (SEQRA) (ECL art 8), and the regulations promulgated thereunder (6 NYCRR parts 325, 326). Necessarily subsumed in this analysis is the threshold *223issue of whether each and every aspect of the field of pesticide control has been pre-empted by the Legislature’s enactment of ECL article 33 and the…