Legal Opinion

Friends of P.S. 163, Inc. v. Jewish Home Lifecare

Court for the Trial of Impeachments and Correction of Errors

Decided December 12, 2017No. 128PublishedCited by 33 opinions

1Opinion of the Court

RIVERA, J.:

Petitioners in these two article 78 proceedings challenge a New York State Environmental Quality Review Act (SEQRA) assessment by the New York State Department of Health (DOH) of Jewish Home Lifecare's (JHL) application to construct a new residential facility in New York City. Petitioners are, respectively, parents of students attending a public elementary school next door to the proposed construction site and tenants living in apartment buildings surrounding the site.

*1256**385We reject petitioners' arguments and hold that DOH complied with its SEQRA responsibilities. It identified and…

2Cases cited3 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Akpan v. KochNew York Court of Appeals · 1990
  3. Matter of Friends of P.S. 163, Inc. v. Jewish Home Lifecare, ManhattanAppellate Division of the Supreme Court of the State of New York · 2017

3Cited by33 opinions

  1. Matter of Town of Waterford v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of CREDA, LLC v. City of Kingston Planning Bd.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Hart v. Town of GuilderlandAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Route 17K Real Estate, LLC v. Planning Bd. of the Town of NewburghAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Boise v. City of PlattsburghAppellate Division of the Supreme Court of the State of New York · 2023

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