Allen v. City of Poughkeepsie Planning Board

Full title: JOHN ALLEN et al., Appellants, v. CITY OF POUGHKEEPSIE PLANNING BOARD et…

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

Date published: Sep 30, 1985

113 A.D.2d 911 (N.Y. App. Div. 1985)

Opinion

September 30, 1985

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).

Judgment affirmed, with one bill of costs.

Upon a careful review of the record, we conclude that the Planning Board, as lead agency, reasonably exercised its discretion in issuing a declaration that the proposed construction would have no significant effect on the environment, thus obviating the need for an environmental impact statement (Southampton Assn. v Planning Bd., 109 A.D.2d 204, 206).

We have reviewed petitioners' remaining contentions and find them to be without merit. Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.