Opinion
Argued February 22, 2001.
April 2, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the City Council of the City of Yonkers dated March 28, 2000, which, upon issuing a negative declaration of environmental impact pursuant to ECL article 8, approved the application of the appellant Stop Shop Companies, Inc., for a special use permit, the appeal is from a judgment of the Supreme Court, Westchester County (Leavitt, J.), entered May 23, 2000, which, inter alia, granted the petition, annulled the determination, and directed the City Council of the City of Yonkers to issue a positive declaration of environmental impact pursuant to ECL article 8.
Robinson Cole, LLP, New York, N.Y. (Michael B. Golden, Joseph L. Clasen, and Shawn P. Landau of counsel), for appellant, and DelBello Donnellan Weingarten Tartaglia, LLP, White Plains, N Y, for appellant and for respondents Brook Shopping Centers, Inc., and Marx Realty and Improvement Co., Inc. (one brief filed).
James G. Sweeney, P.C., Goshen, N.Y., for petitioners-respondents.
Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly determined that the issuance by the City Council of the City of Yonkers of a negative declaration of environmental impact with respect to the construction of an approximately 64,000 square foot supermarket was irrational (see, NYCRR 617.4[b][6]; Matter of Kahn v. Pasnik, 231 A.D.2d 568, affd 90 N.Y.2d 569; H.O.M.E.S. v. New York State Urban Dev. Corp., 69 A.D.2d 222).