MATTER OF NEVILLE v. KOCH


79 N.Y.2d 416 (1992)

In the Matter of Gricel Neville et al., Appellants, v. Edward I. Koch, as Mayor of the City of New York and Chairperson of the Board of Estimate of the City of New York, et al., Respondents, and Silverstein Properties, Inc. et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided May 5, 1992.


Attorney(s) appearing for the Case

Richard F. Ziegler, Lawrence T. Gresser, Bennette D. Kramer, Amy A. Fraenkel, Wayne G. Hawley, Herbert Semmel and Sam Sue for appellants.

O. Peter Sherwood, Corporation Counsel (Elizabeth S. Natrella, Gabriel Taussig, Pamela Seider Dolgow and Gail Donoghue of counsel), for respondents.

Jeffrey L. Braun, Samuel H. Lindenbaum, Richard G. Leland, Jay A. Segal and David A. Slossberg for intervenors-respondents.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

The agency "action" triggering the Environmental Impact Statement (EIS) in issue on this appeal is a legislative act — New York City's proposed rezoning of a full City block located on West 42nd Street (the Site), from medium-density manufacturing to high-density commercial and residential. Petitioners' challenge calls upon us to answer two questions...

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