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Matter of Sutton Area Community v. Board of Estimate

Court of Appeals of the State of New York
Jul 9, 1991
578 N.E.2d 436 (N.Y. 1991)

Opinion

Decided July 9, 1991

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Irma Vidal Santaella, J.

Victor A. Kovner, Corporation Counsel (Fred Kolikoff of counsel), for appellants.

Eric Bregman, David Paget and Michael D. Zarin for intervenor-appellant.

Mitchell S. Bernard for respondents.

Jeffrey L. Braun and Richard G. Leland for Real Estate Board of New York, Inc., amicus curiae.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

The record, viewed as a whole, reveals that the Board was fully informed of all pertinent environmental issues, including those dealing with the sewage treatment plant change, and considered these numerous factors before approving the project. Accordingly, the "hard look" standard of judicial review is satisfied and the determination must be confirmed (see, Akpan v Koch, 75 N.Y.2d 561).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

Matter of Sutton Area Community v. Board of Estimate

Court of Appeals of the State of New York
Jul 9, 1991
578 N.E.2d 436 (N.Y. 1991)
Case details for

Matter of Sutton Area Community v. Board of Estimate

Case Details

Full title:In the Matter of SUTTON AREA COMMUNITY et al., Respondents, v. BOARD OF…

Court:Court of Appeals of the State of New York

Date published: Jul 9, 1991

Citations

578 N.E.2d 436 (N.Y. 1991)
578 N.E.2d 436
573 N.Y.S.2d 638

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