Programming & Systems, Inc. v. New York State Urban Development Corp.
This text of 460 N.E.2d 1347 (Programming & Systems, Inc. v. New York State Urban Development Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
An environmental impact statement mandated by ECL 8-0109 must be prepared and made available to the public before “any significant authorization is granted for a specific proposal.” (Matter of Tri-County Taxpayers Assn. v Town Bd., 55 NY2d 41, 47.) While preliminary steps in the planning of the 42nd Street Development Project have been taken, an environmental impact statement is not required until a specific project plan for the development is actually formulated and proposed. At that time, prior to acting on the proposal, the statement must be prepared, filed and made available to the public. (ECL 8-0109, subd 6.)
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Kaye concur; Judge Simons taking no part.
Order affirmed, with costs, in a memorandum.
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Cite This Page — Counsel Stack
460 N.E.2d 1347, 61 N.Y.2d 738, 472 N.Y.S.2d 912, 1984 N.Y. LEXIS 4034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/programming-systems-inc-v-new-york-state-urban-development-corp-ny-1984.