Opinion
February 2, 1998
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.
It is well established that a town must comply with the requirements of the State Environmental Quality Review Act (hereinafter SEQRA) before it grants an application for rezoning ( see, Matter of Jackson v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 415-416; see also, Matter of Tri-County Taxpayers Assn. v. Town Bd. 55 N.Y.2d 41; Matter of Brew v. Hess, 124 A.D.2d 962; Matter of Badura v. Guelli, 94 A.D.2d 972). Here, however, the Town Board of the Town of Mount Pleasant (hereinafter the Town), in its legislative capacity, determined, inter alia, that the proposed rezoning would be incompatible with the community's residential development objectives. Therefore the Town, as lead agency, did not need to complete the SEQRA review proceedings.
Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.