BOLTON v. LLC (2007)

Petitioner commenced this CPLR article 78 proceeding seeking to annul the negative declaration issued by respondent pursuant to the State Environmental Quality Review Act (ECL art. 8) in connection with the proposal of respondent-intervenor to expand a residential development overlooking Canandaigua Lake. We conclude that Supreme Court properly dismissed the petition on the ground that petitioner lacks standing to bring this proceeding.   Petitioner lives one mile from the residential development, on the opposite side of the lake, and he did not demonstrate that he “will suffer an environmental impact in fact [as a result of the proposed expansion], i.e., one that is in some way different from that of the public at large” (Matter of Piela v. Van Voris, 229 A.D.2d 94, 95, 655 N.Y.S.2d 105;  see Matter of Buerger v. Town of Grafton, 235 A.D.2d 984, 984-985, 652 N.Y.S.2d 880, lv. denied 89 N.Y.2d 816, 659 N.Y.S.2d 856, 681 N.E.2d 1303;  Matter of Schulz v. Warren County Bd. of Supervisors, 206 A.D.2d 672, 674, 614 N.Y.S.2d 809, lv. denied 85 N.Y.2d 805, 626 N.Y.S.2d 756, 650 N.E.2d 415;  see generally Matter of Gerdts v. State of New York, 210 A.D.2d 645, 646-647, 620 N.Y.S.2d 512, appeal dismissed 85 N.Y.2d 856, 624 N.Y.S.2d 374, 648 N.E.2d 794, lv. denied 85 N.Y.2d 810, 629 N.Y.S.2d 724, 653 N.E.2d 620;  Matter of Otsego 2000 v. Planning Bd. of Town of Otsego, 171 A.D.2d 258, 259-260, 575 N.Y.S.2d 584, lv. denied 79 N.Y.2d 753, 581 N.Y.S.2d 281, 589 N.E.2d 1263).   Petitioner's assertions of potential injury are speculative and conclusory and thus are lacking in probative value (see Matter of Noslen Corp. v. Ontario County Bd. of Supervisors, 295 A.D.2d 924, 925, 744 N.Y.S.2d 737;  see also Buerger, 235 A.D.2d at 985, 652 N.Y.S.2d 880).   In any event, were we to address the merits of the petition, we would conclude that respondent properly identified the relevant potential environmental impacts of the proposed expansion, took the requisite hard look at those impacts, and made a reasoned elaboration of the basis for its negative declaration (see generally Matter of Kahn v. Pasnik, 90 N.Y.2d 569, 574, 664 N.Y.S.2d 584, 687 N.E.2d 402;  Matter of Gernatt Asphalt Prods. v. Town of Sardinia, 87 N.Y.2d 668, 688, 642 N.Y.S.2d 164, 664 N.E.2d 1226;  Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 417, 503 N.Y.S.2d 298, 494 N.E.2d 429).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: