Legal Opinion
PVS Chemicals, Inc. v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: Petitioner appeals from a judgment dismissing its petition challenging the issuance of a positive declaration (6 NYCRR 617.2 [ac]) by respondent. Supreme Court properly held that “the issuance of a positive declaration is not final agency action subject to CPLR article 78 review” (Matter of Rochester Tel. Mobile Communications v Ober, 251 AD2d 1053, 1054). A positive declaration requiring the preparation of a draft environmental impact statement is merely a preliminary step in the decision-making process under the State Environmental…
2Cases cited3 opinions
- Essex County v. ZagataNew York Court of Appeals · 1998
- Town of Coeymans v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1997
- Rochester Telephone Mobile Communications v. OberAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Sour Mountain Realty, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1999
- Entergy Nuclear Indian Point 2, LLC v. New York State Department of Environmental ConservationNew York Supreme Court · 2004
- Modern Landfill, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2005
- Brierwood Village, Inc. v. Town of Hamburg Planning BoardAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of Entergy Nuclear Indian Point 2, LLC v. N.Y. State Dept. of Envtl. ConservationNew York Supreme Court, Albany County · 2004
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