Schweiss v. Ambach

98 A.D.2d 148, 471 N.Y.S.2d 167, 1983 N.Y. App. Div. LEXIS 20863
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 22, 1983
StatusPublished
Cited by7 cases

This text of 98 A.D.2d 148 (Schweiss v. Ambach) 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
Schweiss v. Ambach, 98 A.D.2d 148, 471 N.Y.S.2d 167, 1983 N.Y. App. Div. LEXIS 20863 (N.Y. Ct. App. 1983).

Opinion

OPINION OF THE COURT

Casey, J.

The determination of the Commissioner of Education, which granted the application of the Board of Education of the City School District of the City of New York to establish a public school in the Town of Yorktown, Westchester [151]*151County, is neither irrational nor violative of any statutory requirement. Special Term’s judgment (115 Misc 2d 390) annulling the determination must, therefore, be reversed.

In October, 1980, respondents Phoenix House Foundation, Inc., and/or Phoenix House Programs of New York, Inc. (Phoenix House), operators of substance abuse treatment facilities, purchased the former Loyola Seminary in the Town of Yorktown, Westchester County, which consisted of 145 acres with several buildings, including a modern four and five-story brick/concrete structure. The facility had been operated, first as a Jesuit seminary and later as a residential bible school, since 1955. It was the intention of Phoenix House to close one of its residential drug treatment facilities in Manhattan and relocate the program at the newly purchased facility in Yorktown. The prospect of a residential drug treatment facility, serving up to 350 teenagers and young adults, roused considerable public opposition from local citizens and officials, culminating in a number of judicial proceedings, including those under review here.

Since 1971, the Board of Education of the City School District of the City of New York (city school board) has operated public school annexes at Phoenix House residential facilities located within the city school district. The city school board operated such an annex at the Phoenix House program in Manhattan that was to be transferred to the Yorktown facility, and the city school board agreed to continue operating the annex at the new facility. Since the annex was to be located outside the territorial limits of the city school district, the city school board had to obtain the approval of the Commissioner of Education to operate the public school annex at the Phoenix House facility in Yorktown (Education Law, § 2554, subd 20). The commissioner’s determination granting such approval is the object of petitioners’ challenge in these three proceedings.

Petitioners are residents of the community, local officials and the school board of the local school district. The record and briefs herein reveal that at the heart of petitioners’ opposition is their general objection to the location of a residential drug treatment facility in their community and the resultant adverse impact on their [152]*152community, which they view as inevitable. The legal grounds for these proceedings are, however, much more narrow. First, it is argued that the commissioner erred in failing to require an environmental impact statement. There is no merit in this claim.

An environmental impact statement must be prepared for any action approved by a State agency which may have a significant impact on the environment (ECL 8-0109, subd 2). The action at issue here — operation of a city school annex in conjunction with a residential drug treatment program — required not only the approval of the Commissioner of Education as noted above (Education Law, § 2554, subd 20), but also the approval of the Division of Substance Abuse Services (Mental Hygiene Law, § 23.01). Where the approval of two or more agencies is involved, the determination as to whether an environmental impact statement need be prepared is often made by the “lead agency” (ECL 8-0109, subd 4), which is the agency having principal responsibility for approving the action (ECL 8-0111, subd 6). The two agencies involved here, however, treated the two component uses of the proposed facility as separate and distinct for the purpose of determining the need for an environmental impact statement, with each agency making its own determination with respect to the component for which its approval was required (see 6 NYCRR 617.7 [a] [1]). We find nothing unlawful or irrational in this procedure or in the resulting determination by the commissioner.

The commissioner concluded that an environmental impact statement was not required with respect to the use of the Yorktown facility as a public school annex since such use was consistent with the facility’s prior use for residential educational purposes and no construction or other capital improvements were proposed. In support of this determination, the commissioner has cited cases in which the courts held that an environmental impact statement is not required for the transfer of students from one school building to another (see Engle v Pulver, 80 AD2d 598; Matter of Hopkins v Board of Educ., 99 Misc 2d 216). Recognizing this principle, petitioners argue that the commissioner erred in failing to consider the proposed use of [153]*153the Yorktown facility as a public school annex in conjunction with its proposed use as a residential drug treatment program. Had the commissioner properly considered both proposed uses, petitioners argue, he would have found a potential environmental impact not present in the case of the mere transfer of students from one school building to another. The Division of Substance Abuse Services, however, issued its determination with respect to the proposed use of the facility as a residential drug treatment program, finding no need for an environmental impact statement. This determination was challenged in a CPLR article 78 proceeding, but ultimately it was confirmed by the Appellate Division, Second Department (Matter of Town of Yorktown v New York State Dept. of Mental Hygiene, 92 AD2d 897, affd 59 NY2d 999). In view of this judicial approval of the administrative finding that the proposed use of the facility as a residential drug treatment program would have no significant effect on the environment, there is no merit in petitioners’ challenge to the rationality of the commissioner’s determination based upon the claim that the joint use of the facility creates a greater potential for significant environmental impact than would its use as a public school annex alone. Nor is there, any basis for the converse argument that the joint use of the facility somehow creates a greater potential for significant environmental impact than would its use as a residential drug treatment program alone. Accordingly, we find no grounds for disturbing the commissioner’s determination finding no need for an environmental impact statement.

Next, we reject the claim that in approving the proposed public school annex, the commissioner erred in failing to consider certain factors mandated by subdivision 3 of section 408 of the Education Law. By its own terms, the statute applies only where the school district proposes to erect, purchase, repair, remodel or enlarge a schoolhouse. Here, however, the Yorktown facility was purchased by Phoenix House, not the city school district.

Petitioners also argue that the commissioner’s approval of the city school board’s application to operate a public school annex at the Phoenix House facility in Yorktown violates subdivision 20 of section 2554 of the Educa[154]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

O'Keeffe v. Bonelli
170 Misc. 2d 218 (New York Supreme Court, 1996)
Lo Lordo v. Board of Trustees of the Incorporated Village of Munsey Park
202 A.D.2d 506 (Appellate Division of the Supreme Court of New York, 1994)
Community Planning Board. No. 4 (Manhattan) v. Homes for the Homeless
158 Misc. 2d 184 (New York Supreme Court, 1993)
Kubisa v. Ambach
134 A.D.2d 691 (Appellate Division of the Supreme Court of New York, 1988)
Board of Education v. State
111 A.D.2d 505 (Appellate Division of the Supreme Court of New York, 1985)
Schweiss v. Ambach
472 N.E.2d 45 (New York Court of Appeals, 1984)
United Petroleum Ass'n v. Williams
102 A.D.2d 491 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
98 A.D.2d 148, 471 N.Y.S.2d 167, 1983 N.Y. App. Div. LEXIS 20863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schweiss-v-ambach-nyappdiv-1983.