The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a final State Environmental Quality Review Act (“SEQRA”) determination. In Stengel v Town of Poughkeepsie Planning Board, 167 AD3d 752 (2nd Dept. 2018),
Continue Reading Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination