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MATTER OF MULLIGAN v. DIAMOND DREAMS AT COOPERSTOWN LTD.

113 CA 11-01514.

92 A.D.3d 1235 (2012)

938 N.Y.S.2d 711

2012 NY Slip Op 1028

In the Matter of JOHN MULLIGAN et al., Appellants, v. DIAMOND DREAMS AT COOPERSTOWN LTD. et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 10, 2012.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the first cause of action in the petition is granted.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding seeking, in their first cause of action, to annul all determinations of respondent Town of Warren Town Board (Town Board) purportedly made pursuant to the State Environmental Quality Review Act ([SEQRA] ECL art 8). We agree

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