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Matter of Segal v. Bliss

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 820 (N.Y. App. Div. 1988)

Opinion

February 29, 1988

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


Ordered that the judgment is affirmed, with costs to the intervenor.

The petitioners contend that the North Salem Planning Board (hereinafter the Board) failed to comply with the substantive and procedural requirements of the State Environmental Quality Review Act (ECL art 8 [SEQRA]), in issuing a wetlands permit to the intervenor. The record, however, reveals that the Board "identified the relevant areas of environmental concern, took a `hard look' at them, and made a `reasoned elaboration' of the basis for [its] determination" (Chinese Staff Workers Assn. v City of New York, 68 N.Y.2d 359, 363-364; quoting from H.O.M.E.S. v New York State Urban Dev. Corp., 69 A.D.2d 222, 232; Aldrich v Pattison, 107 A.D.2d 258, 261). In this regard, the Board's conditional negative declaration was rendered after thoroughly investigating all of the environmental problems with the proposed activity and the wetlands permit was granted as a proper exercise of discretion (see, Chinese Staff Workers Assn. v City of New York, supra, at 364; Matter of Cohalan v Carey, 88 A.D.2d 77, 79, lv dismissed 57 N.Y.2d 672). Thus, the Supreme Court correctly dismissed the instant petition.

We have examined the petitioner's remaining contentions and find them to be without merit. Mollen, P.J., Kunzeman, Rubin and Balletta, JJ., concur.


Summaries of

Matter of Segal v. Bliss

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 820 (N.Y. App. Div. 1988)
Case details for

Matter of Segal v. Bliss

Case Details

Full title:In the Matter of MARTIN E. SEGAL et al., Appellants, v. PETER BLISS et…

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

Date published: Feb 29, 1988

Citations

137 A.D.2d 820 (N.Y. App. Div. 1988)

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