No. 149. Argued October 18, 2007. Decided November 19, 2007. APPEAL, in the first three above-entitled proceedings, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered August 8, 2006. The Appellate Division (1) reversed, on the law, three judgments (one as to each proceeding) of the Supreme Court, Westchester County (Francis A. Nicolai, J.; op 2003 NY Slip Op 50776[U] [Riverkeeper, Inc. v Planning Bd. of Town
No. 2006-08816. December 18, 2007. In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review two determinations of the Long Island Power Authority, both dated December 15, 2005, which, after a hearing, adopted a findings statement pursuant to the State Environmental Quality Review Act, and authorized Richard M. Kessel, as Chairman of the Board of Trustees of the Long Island Power Authority, or his designee, to enter into a power purchase agreement and other related agreements with
2004-05795. March 7, 2006. In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent City Council of the City of Yonkers dated June 27, 2003, which adopted a final environmental impact statement pursuant to the State Environmental Quality Review Act, and a special ordinance enacted October 16, 2003, authorizing and directing the respondent City of Yonkers to acquire certain properties, and an action for a judgment declaring that the respondent City of Yonkers
No. 2010-00767. April 5, 2011. In a proceeding pursuant to CPLR article 78 to review four determinations of the Village of Millbrook Planning Board, all dated November 12, 2008, which, in relation to a certain development project, issued a negative declaration pursuant to the State Environmental Quality Review Act (ECL art 8), and granted a conservation density development special use permit, preliminary site plan approval, and sketch-plan subdivision plat approval, the petitioners appeal from a
(a) Initial review of actions (1) As early as possible in an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for funding or for approval of an action, it must do the following: (i) Determine whether the action is subject to SEQR. If the action is a Type II action, the agency has no further responsibilities under this Part; (ii) Determine whether the action involves a federal agency. If the action involves a federal agency, the provisions