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MATTER OF COHALAN v. CAREY

88 A.D.2d 77 (1982)

In the Matter of Peter F. Cohalan et al., Respondents, v. Hugh L. Carey et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 13, 1982

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John G. Proudfit and Barbara B. Butler of counsel) and Ramon J. Rodriguez, Chief Counsel, New York State Department of Correctional Services, for appellants.

Twomey, Latham & Shea (John F. Shea, III., Stephen B. Latham and Thomas Spota of counsel) and Guy Germano, Deputy Town Attorney, for respondents.

MOLLEN, P. J., TITONE, MANGANO and NIEHOFF, JJ., concur; WEINSTEIN, J., dissents and votes to affirm the order (see Matter of Rye Town/King Civic Assn. v Town of Rye, , apps dsmd 55 N.Y.2d 747).

Per Curiam.

This appeal concerns the proposed conversion of three buildings on the grounds of the Pilgrim Psychiatric Center into a medium security prison facility. Pursuant to the State Environmental Quality Review Act (SEQRA) (ECL 8-0101 et seq.) the Department of Correctional Services (DOCS) issued a negative declaration and environmental assessment form (EAF) determining that: "the transfer to and reutilization...

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