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ATL. BEACH v. GAVALAS

81 N.Y.2d 322 (1993)

Incorporated Village of Atlantic Beach, Appellant, v. Artemios Gavalas, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Brown, Raysman & Millstein, New York City (Barry G. Felder, John J. Lynch and Robert G. Miller of counsel), for appellant.

Cohn, Rosenthal & Avrutine, Baldwin (Howard D. Avrutine, William S. Cohn and Jerry D. Reichelscheimer of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA and SMITH concur.

TITONE, J.

The question presented by this appeal is whether a municipal agency responsible for issuing building permits may require a developer to submit an Environmental Impact Statement (EIS) as a prerequisite to approving the permit application. Because the Village Ordinance at issue here does not entrust the Building Inspector with the type of discretion which would allow a permit grant or denial to be based...

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