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Tax Certiorari & Condemnation - Appellate Practice - Prior Negative Declarations Support Long, Hard Look

853 N.Y.S.2d 918, 2008 N.Y. Slip Op. 03013

Briefs and Other Related Documents

This opinion is uncorrected and subject to revision before publication in the printed Official Reports.

*1 In the Matter of Sylvan Development Corporation, petitioner,

v.

Westchester Joint Water Works, respondent.

OPINION

2006-07570

Supreme Court, Appellate Division, Second Department, New York

Decided on April 1, 2008

ROBERT A. SPOLZINO, J.P., MARK C. DILLON, DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, JJ.

APPEARANCES OF COUNSEL

Keane & Beane, P.C., White Plains, N.Y. (Eric L. Gordon and Joel

H. Sachs of counsel), for petitioner.

Stephen Davis, White Plains, N.Y. (Janis W. Sarubbi of counsel),

for respondent.

DECISION & JUDGMENT

Proceeding pursuant to EDPL 207 to review a determination of the Westchester Joint Water Works dated July 6, 2006, made after a public hearing, authorizing the condemnation of certain real property.

ADJUDGED that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner's contention that the Westchester Joint Water Works failed to fulfill its obligation under the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]) is without merit. SEQRA requires that agencies "minimize or avoid adverse environmental affects" when considering proposed actions (ECL 8-0109[1]; see 6 NYCRR part 617). It does not require, however, multiple environmental reviews of the same action (see Matter of Inc. Vil. of Poquott v Cahill, 11 AD3d 536, 542; Matter of Gordon v Rush, 299 AD2d 20, 29-30, affd 100 NY2d 236; Matter of Friedenburg v Korman, 232 AD2d 414, 415). Under the circumstances of this case, the issuance of three negative declarations was sufficient to constitute compliance with SEQRA.

SPOLZINO, J.P., DILLON, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Copr. (c) 2008, Secretary of State, State of New York.

N.Y.A.D. 2 Dept. 2008.

Matter of Sylvan Dev. Corp. v Westchester Joint Water Works