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WESTBURY v. DEPT OF TRANSP

75 N.Y.2d 62 (1989)

In the Matter of the Village of Westbury, Respondent, v. Department of Transportation of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Andrea Green, O. Peter Sherwood and Lawrence S. Kahn of counsel), for appellants.

Thomas R. Derosa, Stephen L. Gordon, Sy Gruza and Craig Kravit for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

Petitioner Village of Westbury instituted this CPLR article 78 proceeding seeking relief from respondents' alleged violation of the State Environmental Quality Review Act (ECL art 8). Specifically, it requests that the negative declaration issued by the respondent Department of Transportation for reconstruction of the interchange of the Northern State Parkway and the Meadowbrook State Parkway be annulled...

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