In the Matter of Lawrence Merson, Respondents v. Donald F. McNally, Respondents; Philipstown…

Summary

The Court held that a negative declaration under SEQRA may be valid for a Type I action even when the project is modified during the review process, so the Appellate Division's annulment of the negative declaration is reversed and the cases remanded; the Court also remanded for consideration of preemption and the Town Board's permit denial.