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McCaffrey v. Board of Estimate

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 465 (N.Y. App. Div. 1987)

Opinion

May 4, 1987

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The record establishes that the respondents complied, both procedurally and substantively, with the provisions of the State Environmental Quality Review Act (ECL art 8), the regulations promulgated by the City of New York (Executive Order No. 91, Aug. 24, 1977, entitled City Environmental Quality Review) and the Uniform Land Use Review Procedure of the New York City Charter (NY City Charter § 197-c [hereinafter ULURP]). The respondents identified the relevant areas of environmental concern, took a "hard look" at them, and made a "reasoned elaboration" of the basis of their determination (see, Chinese Staff Workers Assn. v. City of New York, 68 N.Y.2d 359; Matter of Schiff v. Board of Estimate, 122 A.D.2d 57, lv denied 69 N.Y.2d 604).

The petitioners' contention that the ULURP procedures must be undertaken anew because the option contained in the original lease agreement expired prior to the Board of Estimate resolution is without merit (see, Starburst Realty Corp. v. City of New York, 125 A.D.2d 148). Mollen, P.J., Thompson, Niehoff and Harwood, JJ., concur.


Summaries of

McCaffrey v. Board of Estimate

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 465 (N.Y. App. Div. 1987)
Case details for

McCaffrey v. Board of Estimate

Case Details

Full title:WALTER McCAFFREY et al., Appellants, v. BOARD OF ESTIMATE et al.…

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

Date published: May 4, 1987

Citations

130 A.D.2d 465 (N.Y. App. Div. 1987)

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