Hudson Communities Coalition, Inc. v. New York State Office of Parks

Full title: In the Matter of HUDSON COMMUNITIES COALITION, INC., Appellant, v. NEW…

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

Date published: Jun 15, 1998

251 A.D.2d 504 (N.Y. App. Div. 1998)

673 N.Y.S.2d 595

Opinion

June 15, 1998

Appeal from the Supreme Court, Westchester County (Coppola, J.).

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents and the intervenor-respondent appearing separately and filing separate briefs.

Contrary to the petitioner's contention, the respondents fulfilled their obligations to explore reasonable alternatives and mitigate adverse impacts upon cultural resources by adopting the recommendation of the New York State Office of Parks, Recreation and Historic Preservation (see, PRHPL 14.09; Matter of Cathedral Church of St. John the Divine v. Dormitory Auth., 224 A.D.2d 95, 101; Matter of Ebert v. New York State Off. of Parks, Recreation Historic Preservation, 119 A.D.2d 62). Accordingly, the petition was properly denied.

To the extent that the petitioner's remaining contentions are properly before us, they are without merit.

Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.