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MATTER OF TOWN OF BABYLON v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

47 A.D.3d 721 (2008)

849 N.Y.S.2d 611

In the Matter of TOWN OF BABYLON et al., Appellants, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents.

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

Decided January 15, 2008.

Ordered that the order and judgment is affirmed, with one bill of costs.

In this proceeding, the petitioners challenge the determination of the New York State Department of Transportation (hereinafter the DOT) that the construction of two airplane hangars and related parking facilities at Republic Airport by Northeastern Aviation Corp. would have no significant impacts on the environment.

The record reveals that the DOT "identified the relevant area[s] of...

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