In the Matter of Long Island Pine Barrens Society, Inc., et al., Appellants,
v.
Planning Board of the Town of Brookhaven et al., Respondents, and Breskel Shopping Center Associates et al., Intervenors-Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
March 9, 1992
March 9, 1992
Attorney(s) appearing for the Case
Berle, Kass & Case (Michael B. Gerrard and Philip Weinberg of counsel), for appellants.
David P. Fishbein, Town Attorney (Denise F. Molia of counsel), for Town of Brookhaven, respondent.
Richard A. Ehlers for Planning Board of the Town of Riverhead, respondent.
Patricia C. Moore for Town Board of the Town of Riverhead and another, respondents.
Anthony B. Tohill, P. C., for Planning Board of the Town of Southampton and others, respondents.
Robert J. Cimino, County Attorney (Charles P. Kelly, Jennifer B. Kohn and Ann S. Coates of counsel), for Department of Health Services of the Suffolk County Health District, respondent.
D'Amato, Forchelli, Libert, Schwartz, Mineo and Joseph F. Carlino (Armand P. D'Amato and Peter R. Mineo of counsel), Mars, Sloane & Conlon (Theodore D. Sklar of counsel), Certilman, Balin, Adler & Hyman and Leon D. Lazer (Zachary Murdock of counsel), for Breskel Shopping Center Associates and others, intervenors-respondents. (One brief filed.)
D'Amato, Forchelli, Libert, Schwartz, Mineo & Joseph F. Carlino (Armand P. D'Amato and Peter R. Mineo of counsel), for R-Three Investors, intervenor-respondent.
Mars, Sloane & Conlon (Theodore D. Sklar of counsel), for Green Village Associates and others, intervenors-respondents.
Esseks Hefter & Angel (William W. Esseks and John M. Wagner of counsel), for Flanders Associates and others, intervenors-respondents.
Levine, Robinson & Algios, P. C. (Kenneth L. Robinson of counsel), for Assembly Members of the New York State Legislative Commission on Water Resource Needs of Long Island, amicus curiae.
Robert Abrams, Attorney-General (O. Peter Sherwood, James A. Sevinsky and Leslie Allan of counsel), for State of New York, amicus curiae.
Carolyn Zenk, Neufeld & O'Leary (David S. Neufeld of counsel), and Neal Lewis for Group for South Fork Nassau/Suffolk Neighborhood Network Affiliated Brookhaven Civic Organization, Inc., North Fork Environmental Counsel, amicus curiae. (One brief filed.)
Howard I. Fox and Kirsten H. Engel for Sierra Club, amicus curiae.
EIBER and MILLER, JJ., concur with THOMPSON, J. P.; SULLIVAN, J., concurs in part and dissents in part in a separate opinion in which COPERTINO, J., concurs.
Appellate Division of the Supreme Court of the State of New York, Second Department.
THOMPSON, J. P.
The principal question before us is whether the cumulative impact of proposed development in the environmentally fragile Pine Barrens area of Suffolk County must be assessed as part of the review process mandated by the New York State Environmental Quality Review Act (hereinafter SEQRA). We conclude that the appellants' amended verified petition alleges facts sufficient to state a cause of action...
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