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MATTER OF EMB ENTERPRISES, LLC v. TOWN OF RIVERHEAD

70 A.D.3d 689 (2010)

893 N.Y.S.2d 621

In the Matter of EMB ENTERPRISES, LLC, Respondent, v. TOWN OF RIVERHEAD et al., Appellants.

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

Decided February 2, 2010.

Ordered that the appeal from so much of the judgment as granted the petition to the extent of annulling the resolution on the ground that it was violative of the State Environmental Quality Review Act (ECL art 8), is dismissed as academic; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provision thereof deeming the petitioner's site plan approved subject to its filing and recording, and substituting therefor a provision deeming...

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