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MIRANDA HOLDINGS, INC. v. TOWN BD. OF TOWN OF ORCHARD PARK

891 CA 16-02323.

152 A.D.3d 1234 (2017)

2017 NY Slip Op 05554

58 N.Y.S.3d 851

MIRANDA HOLDINGS, INC., Petitioner-Respondent, v. TOWN BOARD OF TOWN OF ORCHARD PARK, Respondent-Appellant.

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

Decided July 7, 2017.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by annulling the determination that the project is a Type II action pursuant to the State Environmental Quality Review Act (ECL art 8), and as modified the judgment is affirmed without costs, and the matter is remitted to defendant-respondent for a new determination in accordance with the following memorandum: This appeal arises from the...

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