Opinion
December 28, 1995
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
An environmental impact statement (EIS) mandated by ECL 8-0109 must be prepared and made available to the public before "any significant authorization is granted for a specific proposal." ( Matter of Tri-County Taxpayers Assn. v Town Bd., 55 N.Y.2d 41, 47.) While it is "difficult to identify the exact point at which an [EIS] must be prepared to satisfy the requirements of the statutory scheme" (supra, at 45), here, at the time the CPLR article 78 proceeding was commenced, the EIS requirement had not yet been triggered. Although preliminary steps in the planning of the Hudson River Waterfront had been taken, as evidenced by the 1992 Memorandum of Understanding between the then Governor and Mayor, and the creation of the Hudson River Park Conservancy, no action had been taken which would commit any agency to a definite course of future decisions ( Programming Sys. v New York State Urban Dev. Corp., 93 A.D.2d 733, affd 61 N.Y.2d 738; see also, Housing Justice Campaign v Koch, 164 A.D.2d 656, lv denied 78 N.Y.2d 858).
We have considered and rejected the parties' additional claims.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.