Opinion
Argued May 30, 2000.
September 19, 2000.
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, 199 8, which dismissed the proceeding.
Finger Finger, White Plains, N.Y. (Carl L. Finger of counsel), for appellants.
Edward P. Dunphy, Corporation Counsel, White Plains, N.Y. (Carol L. Van Scoyoc of counsel), for respondents.
DelBello Donnellan Weingarten Tartaglia , LLP, White Plains, N Y (William E. Dumke of counsel), for intervenor-respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
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 article 8) (see, Matter of Scenic Hudson v. Town of Fishkill Town Bd., 266 A.D.2d 462; cf., Matter of Scenic Hudson v. Town of Fishkill Town Bd., 258 A.D.2d 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 Southampton Commons Homeowners Assn. v. Southampton Town Bd., 268 A.D.2d 480; Matter of City of Rye v. Korff, 249 A.D.2d 470, 471).
The petitioners' remaining contentions are without merit.