Town of Victory v. Flacke

— Judgment unanimously affirmed, without costs. Memorandum: Petitioner, Town of Victory, appeals from a judgment denying its CPLR article 78 petition to annul a permit issued by the Department of Environmental Conservation to construct a solid waste management facility in the town. We agree with Special Term that the Department’s determination that the project would have no significant effect on the environment was not arbitrary and capricious. The project is a Type I action (6 NYCRR 617.12 [b] [6] [i]; [8]) and, therefore, a long environmental form should have been submitted (6 NYCRR 617.2…