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Matter of Bogensberger v. Town Board

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 685 (N.Y. App. Div. 1993)

Opinion

October 25, 1993

Appeal from the Supreme Court, Suffolk County (Berler, J.).


Ordered that the judgment is affirmed, with one bill of costs.

This case involves two applications by the owner of a parcel of land to be relieved from a restrictive covenant previously imposed on the property by the Town Board of the Town of Brookhaven and for the rezoning of the property in order to build a medical building complex. The petitioners essentially contend that in issuing "negative declarations", the Town Board did not satisfy the mandate of the State Environmental Quality Review Act (SEQRA) since it failed to identify the relevant areas of environmental concern and failed to take a "hard look" at them (see, Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 417). However, the "negative declarations" are adequately supported by the record (see, East Thirteenth St. Community Assn. v. New York State Urban Dev. Corp., 189 A.D.2d 352; cf., Matter of Cannon v. Murphy, 196 A.D.2d 498; Matter of Kirk-Astor Dr. Neighborhood Assn. v. Town Bd., 106 A.D.2d 868).

We have reviewed the petitioners' remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Eiber and O'Brien, JJ., concur.


Summaries of

Matter of Bogensberger v. Town Board

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 685 (N.Y. App. Div. 1993)
Case details for

Matter of Bogensberger v. Town Board

Case Details

Full title:In the Matter of KATHRYN BOGENSBERGER et al., Appellants, v. TOWN BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1993

Citations

197 A.D.2d 685 (N.Y. App. Div. 1993)
602 N.Y.S.2d 901