In the Matter of Lawrence Merson et al., Respondents,
v.
Donald F. McNally et al., Respondents; Philipstown Industrial Park, Inc., Intervenor-Appellant.
In the Matter of Philipstown Industrial Park, Inc., Appellant,
v.
Town Board of Town of Philipstown et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 10, 1997
Decided October 30, 1997.
Attorney(s) appearing for the Case
LeBoeuf, Lamb, Greene & MacRae, L. L. P., Albany (Robert J. Alessi and Michele L. Anderson of counsel), Van DeWater & Van DeWater, Poughkeepsie (Ronald C. Blass, Jr., of counsel), and Robinson Silverman Pearce Aronsohn & Berman, L. L. P., New York City (J. Kevin Healy and Philip E. Karmel of counsel), for intervenor-appellant in the first above-entitled proceeding.
John A. Porco, P. C., Carmel (Robert C. Lusardi of counsel), for Lawrence Merson and others, respondents in the first above-entitled proceeding.
Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick, Perry Balagur and Merril Schapiro Biscone of counsel), for New York State Builders Association, Inc., amicus curiae in the first above-entitled proceeding.
LeBoeuf, Lamb, Greene & MacRae, L. L. P., Albany (Robert J. Alessi and Michele L. Anderson of counsel), Van DeWater & Van DeWater, Poughkeepsie (Ronald C. Blass, Jr., of counsel), and Robinson, Silverman Pearce Aronsohn & Berman, L. L. P., New York City (J. Kevin Healy and Philip E. Karmel of counsel), for appellant in the second above-entitled proceeding.
Richard I. Goldsand, Brewster, for respondents in the second above-entitled proceeding.
Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.
Court of Appeals of the State of New York.
SMITH, J.
We hold that, under certain circumstances, a negative declaration may be issued under the State Environmental Quality Review Act (SEQRA) even where the project — a Type I action — has been modified during the initial review process to accommodate environmental concerns of the lead agency and other interested parties.
In the first case, Matter of Merson v McNally, we conclude...
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