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TOWN OF ISLIP v. WILLIAMS

126 A.D.2d 276 (1987)

Town of Islip et al., Petitioners, v. Henry G. Williams, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

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

March 23, 1987

Attorney(s) appearing for the Case

Guy W. Germano, Town Attorney (Michael J. Cahill of counsel), and Steptoe & Johnson (Kenneth I. Jonson, Seth Goldberg and Marilyn Mohrman-Gillis of counsel), for petitioners. (One brief filed.)

Robert Abrams, Attorney-General (Ezra I. Bialik and Stuart Miller of counsel), for Henry G. Williams, respondent.

Cahn, Wishod, Wishod & Lamb (Eugene L. Wishod and Bruce H. Kaplan of counsel), for Board of Education, Hauppauge Union Free School District, respondent.

Russell F. Moran for Caesar Trunzo and others, amicus curiae.

NIEHOFF, J. P., WEINSTEIN, RUBIN and HARWOOD, JJ., concur.

Per Curiam.

Stated in the broadest terms, the question presented in this proceeding concerns what social and economic price is to be paid today, in order to preserve a safe physical environment for the future. The petitioners call upon us to examine the rationality of a determination made by the respondent Commissioner of the New York State Department of Environmental Conservation, which involved balancing a need to protect...

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