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MATTER OF LAVERY v. TOWN OF NEW CASTLE PLANNING BOARD

266 A.D.2d 216 (1999)

697 N.Y.S.2d 680

In the Matter of ROBERT LAVERY et al., Appellants, v. TOWN OF NEW CASTLE PLANNING BOARD, Respondent. UNICORN CONTRACTING CORPORATION, Intervenor-Respondent.

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

Decided November 1, 1999.

Ordered that the judgment is affirmed, with costs.

As the Court of Appeals stated in Matter of Gernatt Asphalt Prods. v Town of Sardinia (87 N.Y.2d 668, 688): "A court's authority to examine a SEQRA review conducted by an entity that was required to do so is limited to reviewing whether the determination was made in violation of lawful procedure, was affected by an error of law...

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