June 27, 1988 Appeal from the Supreme Court, Westchester County (Walsh, J.). Ordered that the cross appeal is dismissed as abandoned; and it is further, Ordered that the judgment is affirmed insofar as appealed from by the town board; and it is further, Ordered that the petitioners are awarded one bill of costs. The petitioners applied to the town board to have annexed to the Village of Elmsford 23 acres of land owned by them which were contiguous to the village. The town board, purporting to act
(a) Actions or classes of actions identified in subdivision (c) of this section are not subject to review under this Part, except as otherwise provided in this section. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision (c) of this section apply to all agencies. (b) Each agency may adopt its own list of Type II actions to supplement
(a) The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than Unlisted actions. All agencies are subject to this Type I list. (1) This Type I list is not exhaustive of those actions that an agency determines may have a significant adverse impact on the environment and requires the preparation of an EIS. However, the fact that an action or project