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STEWART PARK v. TRANSP. DEPT.

157 A.D.2d 1 (1990)

In the Matter of Stewart Park and Reserve Coalition et al., Respondents, v. New York State Department of Transportation, Appellant

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

April 26, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael J. Moore, Peter H. Schiff and Douglas H. Ward of counsel), for appellant.

Elder & Long (Michael S. Elder of counsel), for respondents.

Beveridge & Diamond, P. C. (Henry L. Diamond and Christopher W. Mahoney of counsel), for Palisades Interstate Park Commission, amicus curiae.

MAHONEY, P. J., WEISS, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

In this proceeding, Supreme Court found legally insufficient under the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) and the implementing regulations of the Department of Environmental Conservation (hereinafter DEC) (6 NYCRR part 617) a determination by respondent, the Department of Transportation (hereinafter DOT), that certain proposed capital improvements to be made at Stewart...

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