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.



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...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases