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MATTER OF GORDON v. RUSH

100 N.Y.2d 236 (2003)

792 N.E.2d 168

762 N.Y.S.2d 18

In the Matter of EDWARD S. GORDON et al., Respondents, v. EDWARD T. RUSH et al., Constituting the Coastal Erosion Hazard Board of Review of the Town of Southampton, Appellants, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P.C., New York City (Eric Bregman, Mark A. Chertok and Elizabeth A. Read of counsel), and David Gilmartin, Town Attorney, Southampton (Eileen Powers of counsel), for appellants.

Esseks, Hefter & Angel, Riverhead (William W. Esseks and Anthony C. Pasca of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal presents two issues for our review. The threshold question is whether the action of the Town of Southampton Coastal Erosion Hazard Board of Review is ripe for judicial review. If so, we must then address whether the Board was bound by the prior negative declaration issued by the Department of Environmental Conservation (DEC) acting as lead agency in a coordinated...

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