This is an article 78 proceeding challenging the site plan and special permit approval for construction of a new cancer center at a hospital. The Petitioners claimed, among other things, that the Planning Board failed to take a hard look at environmental issues, as mandated by the New York State Environmental Quality Review Act (SEQRA), due to the failure to require preparation of a Draft Environmental Impact Statement (DEIS). Petitioners further claimed that by constructing a foundation that could support additional floors in the future there was an improper segmentation of the SEQRA review. The Court rejected all of the objections raised by the Petitioners and dismissed the Petition.
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