Mamaroneck Beach & Yacht Club, Inc. v. Fraioli
Opinion of the Court
In a proceeding pursuant to CPLR article 78, inter alia, to compel the Planning Board of the Village of Mamaroneck to proceed with site plan review of an application for site development plan approval filed by the petitioners on January 9, 2004, the appeal is from an order and judgment (one paper) of the Supreme Court, Westchester County (Lippman, J.), entered April 21, 2004, which granted the petition and, among other things, directed the Planning Board of the Village of Mamaroneck to conduct an environmental review and proceed with site plan review.
Ordered that the order and judgment is affirmed, with costs.
The Mamaroneck Beach and Yacht Club (hereinafter the Club) owns real property in the Village of Mamaroneck improved by a beach and yacht club, which it sought to improve
By this proceeding, the Club sought to compel the Planning Board to declare its intent to act as lead agency, conduct the appropriate environmental review pursuant to the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA), and proceed with site plan review of the application and render a decision. The Supreme Court granted the petition “in its entirety,” determining that mandamus was warranted to compel the Planning Board to consider, review, and render a decision in regard to the application in accordance with SEQRA requirements “since the Planning Board failed to act within 45 days pursuant to Village Zoning Code § 342-79, and neither the SAPOA appeal or the Planning Board’s referral to the Zoning Board of Appeals stays the Planning Board from acting on [the] Petitioner’s Application.” We agree, and accordingly, affirm.
The Supreme Court correctly determined that the automatic
In any event, as the Supreme Court determined, irrespective of any stay of proceedings, the Planning Board’s failure to act pursuant to the applicable local code provision (see Village of Mamaroneck Zoning Code § 342-79) requiring it to “review the site development plan and act on the application within forty-five (45) days from and after the time of submission of the preliminary plan,” as well as provisions of SEQRA and the regulations promulgated thereunder (see 6 NYCRR 617.6 [b] [3] [i], [ii]) warranted mandamus relief (see Matter of Mennella v Lopez-Torres, 229 AD2d 153 [1997], affd 91 NY2d 474 [1998]; Matter of 2433 Knapp St. Rest. Bar v Department of Consumer Affairs of City of N.Y., 150 AD2d 464 [1989]; Matter of Osborn v Planning Bd. of Town of Colonie, 146 AD2d 838 [1989]; cf. Nyack Hosp. v Village of Nyack Planning Bd., 231 AD2d 617 [1996]).
The remaining contentions of the appellants and SAPOA are without merit. Adams, J.P., S. Miller, Ritter and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.