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MATTER OF SYLVAN DEVELOPMENT CORPORATION v. WESTCHESTER JOINT WATER WORKS

50 A.D.3d 692 (2008)

853 N.Y.S.2d 918

In the Matter of SYLVAN DEVELOPMENT CORPORATION, Petitioner, v. WESTCHESTER JOINT WATER WORKS, Respondent.

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

Decided April 1, 2008.

Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner's contention that the Westchester Joint Water Works failed to fulfill its obligation under the State Environmental Quality Review Act (ECL art 8 [hereinafter SEQRA]) is without merit. SEQRA requires that agencies "minimize or avoid adverse environmental affects" when considering proposed actions (ECL 8-0109 [1]; see 6 NYCRR part...

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