Programming & Systems, Inc. v. New York State Urban Development Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

An environmental impact statement mandated by ECL 8-0109 must be prepared and made available to the public before “any significant authorization is granted for a specific proposal.” (Matter of Tri-County Taxpayers Assn. v Town Bd., 55 NY2d 41, 47.) While preliminary steps in the planning of the 42nd Street Development Project have been taken, an environmental impact statement is not required until a specific project plan for the development is actually formulated and proposed. At that time, prior…