IN RE: Robert LAVERY (1999)

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated June 3, 1997, granting preliminary subdivision approval and a steep slope permit to the intervenor Unicorn Contracting Corporation, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Rosato, J.), entered May 15, 1998, which, upon a determination that the granting of preliminary subdivision approval to the intervenor Unicorn Contracting Corporation did not violate the provisions of the State Environmental Quality Review Act, denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

 As the Court of Appeals stated in 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:

“A court's authority to examine a SEQRA review conducted by an entity that was required to do so is limited to reviewing whether the determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion.   The relevant question before the court is ‘whether the agency identified the relevant areas of environmental concern, took a “hard look” at them, and made a “reasoned elaboration” of the basis for its determination’ [citations omitted]”.

(see also, Matter of Chemical Specialities Mfrs. Assn. v. Jorling, 85 N.Y.2d 382, 396-397, 626 N.Y.S.2d 1, 649 N.E.2d 1145;  Matter of Coalition for Responsible Dev. in Goldens Bridge v. Town Planning Bd. of Town of Lewisboro, 221 A.D.2d 626, 633 N.Y.S.2d 844;  Matter of Philipstown Dirt Rds. Assn. v. Town Bd. of Town of Philipstown, 246 A.D.2d 656, 668 N.Y.S.2d 51).

 Contrary to the petitioners' contention, the Town of New Castle Planning Board complied with the substantive requirements of the State Environmental Quality Review Act (see, ECL article 8) and, consequently, the Supreme Court properly dismissed the proceeding (see, Matter of Coalition for Responsible Dev. in Goldens Bridge v. Town Planning Bd. of Town of Lewisboro, supra;  Matter of Kelsky v. Town Bd. of Lewisboro, 215 A.D.2d 482, 484, 627 N.Y.S.2d 400).

The petitioners' remaining contention is without merit.

MEMORANDUM BY THE COURT.