Programming and Systems, Inc. v. New York State Urban Development Corp.
| Decision Date | 17 January 1984 |
| Citation | 460 N.E.2d 1347,472 N.Y.S.2d 912,61 N.Y.2d 738 |
| Parties | , 460 N.E.2d 1347 In the Matter of PROGRAMMING AND SYSTEMS, INC., Appellant, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 93 A.D.2d 733, 461 N.Y.S.2d 279, 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 N.Y.2d 41, 47, 447 N.Y.S.2d 699, 432 N.E.2d 592.) 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.)
SIMONS, J., taking no part.
Order affirmed, with costs, in a memorandum.
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