Schum v. City of New York

Appellate Division of the Supreme Court of New York

Schum v. City of New York

161 A.D.2d 519, 555 N.Y.S.2d 789, 1990 N.Y. App. Div. LEXIS 6537

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 29, 1990

StatusPublished

Cited by1 cases

This text of 161 A.D.2d 519 (Schum v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schum v. City of New York, 161 A.D.2d 519, 555 N.Y.S.2d 789, 1990 N.Y. App. Div. LEXIS 6537 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, Bronx County (Jack Turret, J.), entered on or about October 30, 1989, which granted respondents’ cross motions and dismissed the petition pursuant to CPLR article 78 seeking to annul a building permit, unanimously affirmed, without costs.

Petitioners comprise an associated group of homeowners in the Woodlawn section of The Bronx. Respondent Department of Buildings issued a building permit for construction of a 32-room motel, as of right, in a C8-1 commercial zoning district. The propriety of the issuance of the permit is not controverted except to the extent that an environmental impact statement was not provided.

Our inquiry is limited to whether the permit was issued "as-of-right”, since the State and City Environmental Quality [520]*520Review Acts (ECL art 8 [SEQRA]; Executive Order No. 91, Aug. 24, 1977 [CEQR]) and regulations exempt ministerial acts from the provisions of ECL 8-0109, which requires the preparation of an environmental impact statement (ECL 8-0105 [5] [ii]; 6 NYCRR 617.2 [q]; Citizens for Preservation of Windsor Terrace v Smith, 122 AD2d 827, 828-829). The issuance of "as-of-right” building permits for new buildings has been specifically exempted from the provisions of CEQR, which implements SEQRA in New York City. (See, certified list of "ministerial actions” compiled pursuant to CEQR § 4 [e], City Record, Oct. 18, 1977.) Concur—Kupferman, J. P., Ross, Wallach and Smith, JJ.

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Judgment, Supreme Court, Bronx County (Jack Turret, J.), entered on or about October 30, 1989, which granted respondents’ cross motions and dismissed the petition pursuant to CPLR article 78 seeking to annul a building permit, unanimously affirmed, without costs.

Petitioners comprise an associated group of homeowners in the Woodlawn section of The Bronx. Respondent Department of Buildings issued a building permit for construction of a 32-room motel, as of right, in a C8-1 commercial zoning district. The propriety of the issuance of the permit is not controverted except to the extent that an environmental impact statement was not provided.

Our inquiry is limited to whether the permit was issued "as-of-right”, since the State and City Environmental Quality [520]*520Review Acts (ECL art 8 [SEQRA]; Executive Order No. 91, Aug. 24, 1977 [CEQR]) and regulations exempt ministerial acts from the provisions of ECL 8-0109, which requires the preparation of an environmental impact statement (ECL 8-0105 [5] [ii]; 6 NYCRR 617.2 [q]; Citizens for Preservation of Windsor Terrace v Smith, 122 AD2d 827, 828-829). The issuance of "as-of-right” building permits for new buildings has been specifically exempted from the provisions of CEQR, which implements SEQRA in New York City. (See, certified list of "ministerial actions” compiled pursuant to CEQR § 4 [e], City Record, Oct. 18, 1977.) Concur—Kupferman, J. P., Ross, Wallach and Smith, JJ.

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Bluebook (online)

161 A.D.2d 519, 555 N.Y.S.2d 789, 1990 N.Y. App. Div. LEXIS 6537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schum-v-city-of-new-york-nyappdiv-1990.

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