MATTER OF AMES v. JOHNSTON


169 A.D.2d 84 (1991)

In the Matter of Edward A. Ames et al., Appellants, v. Charles Johnston et al., Constituting The Planning Board of the Town of Rockland, et al., Respondents

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

June 27, 1991


Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C. (David Sive and Clifford L. Davis of counsel), for appellants.

Friedman, Katz & Deutsch (Steven S. Katz of counsel), for respondents.

WEISS and HARVEY, JJ., concur with YESAWICH, JR., J.; CASEY, J., and MAHONEY, P. J., dissent in a separate opinion by CASEY, J.


YESAWICH, JR., J.

Petitioners challenge the approval of the subdivision of a 75-acre parcel of property by the Planning Board of the Town of Rockland. The CPLR article 78 petition charges that the Planning Board acted arbitrarily and capriciously, made errors of law and violated the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) in that it failed to ensure compliance with Department of...

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