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MATTER OF KELLNER v. CITY OF N.Y. DEPT. OF SANITATION

10392, 102950/12.

107 A.D.3d 529 (2013)

967 N.Y.S.2d 356

2013 NY Slip Op 4549

In the Matter of MICAH Z. KELLNER et al., Appellants, v. CITY OF NEW YORK DEPARTMENT OF SANITATION et al., Respondents.

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

Decided June 18, 2013.

The determinations of DSNY not to prepare and DEC not to require a supplemental environmental impact study (SEIS) were not affected by an error of law, arbitrary and capricious, or an abuse of discretion (see Matter of Riverkeeper, Inc. v Planning Bd. of Town of Southeast, 9 N.Y.3d 219, 231-232 [2007]; Matter of C/S 12th Ave. LLC v City of New York, 32 A.D.3d 1, 7-8 [1st Dept 2006]; Matter...

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