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IN THE MATTER OF LUCAS v. VILLAGE OF MAMARONECK

57 A.D.3d 786 (2008)

871 N.Y.S.2d 207

In the Matter of NORA LUCAS et al., Appellants, et al., Petitioners, v. VILLAGE OF MAMARONECK et al., Respondents.

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

December 16, 2008.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof denying that branch of the petition which was, in effect, to compel the Village of Mamaroneck to make a threshold determination as to whether the issuance of the building permit is a Type I, Type II, or Unlisted Action within the meaning of the regulations implementing the State Environmental Quality Review Act, and substituting therefor a provision granting that branch of the petition...

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