OMABUILD USA NO. 1, INC. v. STATE


207 A.D.2d 335 (1994)

615 N.Y.S.2d 424

Omabuild Usa No. 1, Inc., Appellant, v. State of New York et al., Respondent

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

August 1, 1994


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contentions, the Court of Claims properly dismissed its claim. The decision of the New York State Department of Environmental Conservation to accept the application of the Town of East Hampton for "lead agency" status pursuant to the New York State Environmental Quality Review Act (hereinafter SEQRA) was a discretionary determination (see generally, 6 NYCRR 617.6). Thus, the State was...

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