Hudson River Sloop Clearwater, Inc. v. Cuomo, 222 A.D.2d 386 (N.Y. App. Div. 1995). · Go Syfert
Hudson River Sloop Clearwater, Inc. v. Cuomo, 222 A.D.2d 386 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
6 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: East End Property Co. 1 v. Kessel (nyappdiv, 2007-12-18)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited as authority (rule) East End Property Co. 1 v. Kessel
N.Y. App. Div. · 2007 · confidence medium
Sloop Clearwater v Cuomo, 222 AD2d 386, 387 [1995]).
Retrieving the full opinion text from the archive…
Hudson River Sloop Clearwater, Inc.
v.
Mario M. Cuomo, as Governor of the State of New York, Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York.
Dec 28, 1995.
222 A.D.2d 386
Cited by 5 opinions  |  Published

—Judgment, Supreme Court, New York County (Kristin Booth Glen, J.), entered April 20,1995, which adjudged the City and State and related agencies to be in violation of the State Environmental Quality Review Act (SEQRA; ECL art 8) for failing to prepare an environmental impact statement, and granted injunctive and mandamus relief, unanimously reversed, on the law, and the petition is dismissed, without costs.

An environmental impact statement (EIS) mandated by ECL 8-0109 must be prepared and made available to the public before "any significant authorization is granted for a specific[*387] proposal.” (Matter of Tri-County Taxpayers Assn. v Town Bd., 55 NY2d 41, 47.) While it is "difficult to identify the exact point at which an [EIS] must be prepared to satisfy the requirements of the statutory scheme” (supra, at 45), here, at the time the CPLR article 78 proceeding was commenced, the EIS requirement had not yet been triggered. Although preliminary steps in the planning of the Hudson River Waterfront had been taken, as evidenced by the 1992 Memorandum of Understanding between the then Governor and Mayor, and the creation of the Hudson River Park Conservancy, no action had been taken which would commit any agency to a definite course of future decisions (Programming & Sys. v New York State Urban Dev. Corp., 93 AD2d 733, affd 61 NY2d 738; see also, Housing Justice Campaign v Koch, 164 AD2d 656, lv denied 78 NY2d 858).

We have considered and rejected the parties’ additional claims. Concur — Sullivan, J. P., Rosenberger, Wallach, Ross and Asch, JJ.