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MATTER OF COSTA v. TOWN OF RED HOOK

303 A.D.2d 584 (2003)

756 N.Y.S.2d 475

In the Matter of CLARE COSTA et al., Petitioners, v. TOWN OF RED HOOK et al., Respondents. (Proceeding No. 1.) In the Matter of ROBERT SCHULTZ et al., Appellants, v. TOWN OF RED HOOK PLANNING BOARD et al., Respondents. (Proceeding No. 2.)

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

Decided March 17, 2003.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.

The respondent Martin's Foods of South Burlington, Inc. (hereinafter Martin's Foods), sought permission to construct an approximately 47,700 square-foot supermarket. After conducting an extensive review pursuant to the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]), the respondent Town of Red Hook Planning Board (hereinafter the Planning Board), which acted...

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