History
  • No items yet
midpage
Finger v. DelFino
2000 N.Y. App. Div. LEXIS 9239
| N.Y. App. Div. | 2000
|
Check Treatment

—In a proceeding pursuant to CPLR article 78, inter alia, to review two determinations of the Common Council of the City of White Plains, both dated February 2, 1998, adopting Resolution No. 25-97 which approved a site plan amendment for the intervenor’s property and Resolution No. 24-97 which approved an amendment of the governmental use permit applicable to the intervenor’s property, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered August 27, 1998, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The environmental review conducted with respect to the two proposed unlisted actions, including a comprehensive traffic study, satisfied the substantive requirements of the State Environmental Quality Review Act (ECL art 8) (see, Matter of Scenic Hudson v Town of Fishkill Town Bd., 266 AD2d 462; cf., Matter of Scenic Hudson v Town of Fishkill Town Bd., 258 AD2d 654, 655). Accordingly, the Supreme Court properly dismissed the instant proceeding which, inter alia, challenged the propriety of the negative declarations issued in connection with the environmental review conducted herein (see, Matter of *746Southampton Commons Homeowners Assn. v Southampton Town Bd., 268 AD2d 480; Matter of City of Rye v Korff, 249 AD2d 470, 471).

The petitioners’ remaining contentions are without merit. Ritter, J. P., Santucci, Florio and H. Miller, JJ., concur.

Case Details

Case Name: Finger v. DelFino
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Sep 18, 2000
Citation: 2000 N.Y. App. Div. LEXIS 9239
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.