NIEBAUER v. CITY OF NEW YORK

Index No. 154890/19. Appeal No. 14313. Case No. 2020-03465.

198 A.D.3d 441 (2021)

152 N.Y.S.3d 568

2021 NY Slip Op 05398

Michael N. Niebauer et al., Appellants, v. City of New York et al., Respondents.

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

Decided October 7, 2021.


Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C., Uniondale ( E. Christopher Murray of counsel), for appellants.

Georgia M. Pestana , Corporation Counsel, New York ( Kate Fletcher of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.


The court correctly found that the City did not fail to comply with SEQRA requirements by adopting the plan contained in its February 2017 report entitled "Turning the Tide on Homelessness in New York City" without first conducting any environmental review of that plan, and that the City properly complied with SEQRA by conducting an environmental review of the College Park shelter project, which did not constitute improper segmentation (see Housing Justice Campaign v Koch...

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