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O'DONNELL v. TOWN BD.

171 Misc.2d 968 (1997)

656 N.Y.S.2d 100

In the Matter of Neil P. O'Donnell et al., Petitioners, v. Town Board of the Town of Amherst, Respondent.

Supreme Court, Erie County.

February 5, 1997

Attorney(s) appearing for the Case

Arthur J. Giacalone for petitioners. Phillip A. Thielman, Town Attorney of Town of Amherst (Ralph Cessario of counsel), for respondent. Dennis C. Vacco, Attorney-General (Timothy Hoffman of counsel), for New York State Department of Environmental Conservation.

BARBARA HOWE, J.

This is a combined CPLR article 78 proceeding and declaratory judgment action, in which petitioners "challenge (a) respondent Town Board's [alleged] failure to comply with the letter and spirit of the State Environmental Quality Review Act (SEQRA) prior to adopting a March 4, 1996 resolution extending for three years the Town of Amherst's program to kill an unspecified number of deer in various...

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