Majority
— Determination unanimously confirmed and petition dismissed without costs. Memorandum: This proceeding, pursuant to EDPL 207, seeks to annul respondent’s determination to acquire approximately 1 acre of petitioner’s 394-acre farm for construction of a utility substation. The record provides an adequate basis for the determination that the condemnation would serve the public purpose (see, Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400 , 425; Yonkers Community Dev. Agency v Morris, 37 NY2d 478 , 483-486, appeal dismissed 423 US 1010 ) and would have no adverse impact on the environment (see, Matter of Dowling Coll. v Flacke, 78 AD2d 551 , 552). We also conclude that respondent’s determination and findings were made in accordance with the procedures set forth in EDPL article 2 (see, Sandpiper Constr. Co. v Siegel, 97 AD2d 539 , lv denied 61 NY2d 608 ; First Broadcasting Corp. v City of Syracuse, 78 AD2d 490 , 496-497). We have considered the remaining claims raised and find each one lacking in merit. (EDPL 207.) Present —Doerr, J. P., Boomer, Green, Pine and Balio, JJ.
Cases cited
- Jackson v. New York State Urban Development Corp. 67 NY2d 400 at 425 p. 964
- Yonkers Community Development Agency v. Morris 37 NY2d 478 at 483-486 p. 964
- Nebraska Press Ass'n v. Stuart 423 US 1010 p. 964
- Sandpiper Construction Co. v. Siegel 97 AD2d 539 p. 964
- First Broadcasting Corp. v. City of Syracuse 78 AD2d 490 at 496-497 p. 964