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SHAWANGUNK v. PLANNING BD.

157 A.D.2d 273 (1990)

In the Matter of Shawangunk Mountain Environmental Association et al., Appellants, v. Planning Board of the Town of Gardiner, Respondent, and Petone, Inc., Intervenor-Respondent

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

May 17, 1990

Attorney(s) appearing for the Case

Herzog, Engstrom, Burke, Koplovitz & Cavalier, P. C. (Andrew W. Gilchrist of counsel), for appellants.

Kellar & Kellar (Paul T. Kellar of counsel), for respondent.

Jacobowitz & Gubits (Larry Wolinsky and George Lithco of counsel), for intervenor-respondent.

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

LEVINE, J.

This proceeding was commenced to challenge the validity of a determination under the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) by respondent that a proposed residential subdivision in the Town of Gardiner, Ulster County, had no significant environmental effect (hereinafter the negative declaration) and was, therefore, approved.

The subdivision plan of intervenor...

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