Rochester Telephone Mobile Communications v. Ober
Appellate Division of the Supreme Court of the State of New York
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]) issued by the Planning Board of the Town of Ogden (Planning Board). We agree with Supreme Court that the issuance of a positive declaration is not final agency action subject to CPLR article 78 review. The issuance of a positive declaration merely requires that either the applicant or the designated lead agency prepare a draft environmental impact statement (DEIS) analyzing the potential environmental…
2Cases cited6 opinions
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Essex County v. ZagataNew York Court of Appeals · 1998
- Young v. Board of TrusteesNew York Court of Appeals · 1996
- Young v. Board of Trustees of the Village of BlasdellAppellate Division of the Supreme Court of the State of New York · 1995
- Town of Coeymans v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by7 opinions
- Gordon v. RushNew York Court of Appeals · 2003
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- Ranco Sand & Stone Corp. v. VecchioNew York Court of Appeals · 2016
- PVS Chemicals, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1998
- Gilmore v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
2 more not listed; retrieve them via the Exa API.