DAWLEY, DESIREE v. WHITETAIL 414, LLC

I respectfully dissent. I disagree with the majority’s conclusion that respondent Town of Tyre Town Board (Town Board) failed to comply strictly with SEQRA’s procedural mandates. To the contrary, I conclude that the Town Board’s determination was made in accordance with lawful procedure (see Akpan v Koch, 75 NY2d 561, 570 [1990]; Matter of Forman v Trustees of State Univ. of N.Y., 303 AD2d 1019, 1020 [2003]) and, thus, that Supreme Court properly dismissed the petition. I would therefore affirm the judgment.

The transcript from the June 12, 2014 meeting satisfied the requirement for “a written…