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MATTER OF BRIERWOOD VILLAGE, INC. v. TOWN OF HAMBURG PLANNING BOARD

277 A.D.2d 1051 (2000)

715 N.Y.S.2d 351

In the Matter of BRIERWOOD VILLAGE, INC., Appellant, v. TOWN OF HAMBURG PLANNING BOARD et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

The issuance of a positive declaration requiring petitioner to prepare a supplemental environmental impact statement with regard to its application for site plan approval "is `"a preliminary step in the decision-making process" and, [as such, is] not ripe for judicial review' until the decision-making process is completed" (Matter of Sour Mtn. Realty v New York State Dept. of Envtl. Conservation,...

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