Opinion
April 27, 1987
Appeal from the Supreme Court, Suffolk County (McCarthy, J.).
Ordered that the judgment is affirmed, with costs.
Pursuant to the Environmental Conservation Law and its implementing regulations, an environmental impact statement is required on any "action" proposed or approved by a government agency that may have a significant effect on the environment (see ECL 8-0109). The statutory scheme further provides, however, that a ministerial act, which does not involve the exercise of discretion, does not constitute an "action" within the meaning of that provision, so as to trigger the requirement that an environmental impact statement be filed (see, ECL 8-0105; 6 NYCRR 617.2).
The issuance of a building permit is a purely ministerial act which involves no discretion and no "latitude of choice" (see, Matter of Filmways Communications v Douglas, 106 A.D.2d 185, 186, affd 65 N.Y.2d 878). Once an applicant complies with the pertinent laws and ordinances, it is incumbent upon the building inspector to issue the requested permit. The appellants at bar, therefore, had no authority to require the filing of a draft environmental impact statement as a condition to the issuance of the building permit sought by the petitioners, and the judgment appealed from must, accordingly, be affirmed. Mollen, P.J., Weinstein, Eiber and Sullivan, JJ., concur.