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CITY COUNCIL v. TOWN BD

3 N.Y.3d 508 (2004)

822 N.E.2d 339

789 N.Y.S.2d 88

In the Matter of CITY COUNCIL OF THE CITY OF WATERVLIET et al., Appellants, v. TOWN BOARD OF THE TOWN OF COLONIE, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 2004.

Attorney(s) appearing for the Case

DiMarco & Riley, Rochester (Eugene Van Voorhis, Anne Dyring Riley and John P. Amuso of counsel), and Joseph F. Monaghan, City Attorney, Watervliet, for appellants.

Arnis Zilgme, Town Attorney, Newtonville (Danielle M. DeMers of counsel), for respondent.

Eliot Spitzer, Attorney General, Albany (Peter Lehner, Caitlin J. Halligan, Daniel Smirlock, Denise Hartman, John J. Sipos, James Tierney and Philip M. Bein of counsel), for New York State Department of Environmental Conservation, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case whether State Environmental Quality Review Act (SEQRA) review is required before a municipality adopts a resolution approving the annexation of real property from an adjacent municipality. We conclude that SEQRA requirements apply to all annexations under article 17 of the General Municipal Law, but that the extent of environmental assessment that...

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