Opinion
November 13, 2000.
Appeal from Judgment of Supreme Court, Erie County, Burns, J. — CPLR art 78.
PRESENT: GREEN, J. P., WISNER, HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
The issuance of a positive declaration requiring petitioner to prepare a supplemental environmental impact statement with regard to its application for site plan approval "is a `"preliminary step in the decision-making process" and, [as such, is] not ripe for judicial review' until the decision-making process is completed" ( Matter of Sour Mtn. Realty v. New York State Dept. of Envtl. Conservation, 260 A.D.2d 920, 921, lv denied 93 N.Y.2d 815 ; see, Matter of PVS Chems. v. New York State Dept. of Envtl. Conservation, 256 A.D.2d 1241; Matter of Rochester Tel. Mobile Communications v. Ober, 251 A.D.2d 1053, 1054).