Matter of Karen Correll v Michael Griffin

Matter of Correll v Griffin 2006 NY Slip Op 02888 [28 AD3d 658] April 18, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 21, 2006

In the Matter of Karen Correll, Appellant,
v
Michael Griffin et al., Respondents.

—[*1]In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Patterson, the appeal is from a judgment of the Supreme Court, Putnam County (O'Rourke, J.), dated April 26, 2005, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner failed to establish that the respondents did not take the hard look required under the State Environmental Quality Review Act (see ECL art 8; Matter of Halperin v City of New Rochelle, 24 AD3d 768 [2005]; Matter of Philipstown Dirt Rds. Assn. v Town Bd. of Town of Philipstown, 246 AD2d 656 [1998]). Thus, the Supreme Court properly denied the petition and dismissed the proceeding. Miller, J.P., Ritter, Spolzino and Dillon, JJ., concur.