Saint James Antiochian Orthodox Church v. Town of Hyde Park Planning Bd.

• Citation: 2015 N.Y. Slip Op. 07281,132 A.D.3d 687,17 N.Y.S.3d 481
• Decision Date: 07 October 2015
• Docket Number: 2014-01099, Index No. 3304/13.
• Parties: In the Matter of SAINT JAMES ANTIOCHIAN ORTHODOX CHURCH, appellant, v. TOWN OF HYDE PARK PLANNING BOARD, et al., respondents.
• Court: New York Supreme Court — Appellate Division

132 A.D.3d 687
17 N.Y.S.3d 481
2015 N.Y. Slip Op. 07281

In the Matter of SAINT JAMES ANTIOCHIAN ORTHODOX CHURCH, appellant
v.
TOWN OF HYDE PARK PLANNING BOARD, et al., respondents.

2014-01099, Index No. 3304/13.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 7, 2015.

17 N.Y.S.3d 482

Teahan & Constantino, LLP, Poughkeepsie, N.Y. (Richard L. Cantor of counsel), for appellant.

Rodenhausen Chale, LLP, Rhinebeck, N.Y. (George A. Rodenhausen and Victoria L. Polidoro of counsel), for respondents Town of Hyde Park Planning Board and Town of Hyde Park Zoning Board of Appeals.

The McCarthy Law Firm, P.C., Croton–on–Hudson, N.Y. (Daniel F. McCarthy of counsel), for respondent NND Poughkeepsie Properties, LLC (no brief filed).

MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.

Opinion

132 A.D.3d 687

In a proceeding pursuant to CPLR article 78, inter alia, to review two resolutions of the respondent Town of Hyde Park Planning Board dated May 1, 2013, issuing a negative declaration pursuant to the State Environmental Quality Review Act (ECL art. 8), and June 5, 2013, granting site plan approval and a special use permit to the respondent NND Poughkeepsie Properties, LLC, the petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Dutchess County (Rosa, J.), dated December 11, 2013, as denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs to the respondents Town of Hyde Park Planning Board and Town of Hyde Park Zoning Board of Appeals.

Judicial review of an agency determination under the State Environmental Quality Review Act (ECL art. 8; hereinafter SEQRA) is limited to determining whether the challenged determination was affected by an error of law, or was arbitrary and capricious, an abuse of discretion, or the product of a violation of lawful procedure (see Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 416, 503 N.Y.S.2d 298, 494 N.E.2d 429 ; Matter of Save Open Space...