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MATTER OF BRYN MAWR PROPS., INC. v. FRIES

160 A.D.2d 1004 (1990)

In the Matter of Bryn Mawr Properties, Inc., Respondent, v. Kathryn Fries, as Clerk of The Town of Mount Pleasant, Appellant. (Proceeding No. 1.) In the Matter of Bryn Mawr Properties, Inc., Respondent, v. Kathryn Fries, as Clerk of The Town of Mount Pleasant, Appellant. (Proceeding No. 2.) In the Matter of Bryn Mawr Properties, Inc., Respondent, v. Town of Mount Pleasant Planning Board et al., Appellants, and Pocantico Lake Civic Association, Inc., et al., Intervenors-Appellants. (Proceeding No. 3.)

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

April 30, 1990

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed and the proceedings are dismissed on the merits.

Contrary to the conclusion reached by the Supreme Court, we find that the Planning Board did not act in an arbitrary and capricious manner in requesting that the petitioner prepare a supplemental environmental impact statement (hereinafter SEIS) in connection with its proposed development...

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