Ass'n for Protection of Adirondacks, Inc. v. Town Board of Town of Tupper Lake
Appellate Division of the Supreme Court of the State of New York
1Concurrence · PetersPeters, J.
In light of the unique and circumscribed facts of this case, we agree with the majority’s ultimate conclusion. Initially, we agree that there was a rational basis for the finding of respondent Town Board of the Town of Tupper Lake (hereinafter Board) that the rezoning of the subject property in conjunction with the specific project proposed by the developers is a single “action” for purposes of the State *829Environmental Quality Review Act (see ECL art 8 [hereinafter SEQRA]; Matter of Defreestville Area Neighborhoods Assn. v Town Bd. of Town of N. Greenbush, 299 AD2d 631, 633-634 [2002] ; Matter…
Also in this document: Concurrence · Kane.
2Cases cited7 opinions
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Akpan v. KochNew York Court of Appeals · 1990
- Kirk-Astor Drive Neighborhood Ass'n v. Town Board of Town of PittsfordAppellate Division of the Supreme Court of the State of New York · 1984
- MATTER OF SPITZER v. FarrellNew York Court of Appeals · 2003
- Defreestville Area Neighborhoods Ass'n v. Town Board of North GreenbushAppellate Division of the Supreme Court of the State of New York · 2002
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