Matter of W.C. Lincoln Corp. v Village of Monroe (2005 NY Slip Op 03868)

Matter of W.C. Lincoln Corp. v Village of Monroe

2005 NY Slip Op 03868 [18 AD3d 566]

May 9, 2005

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 20, 2005

In the Matter of W.C. Lincoln Corp., Petitioner,
v
Village of Monroe et al., Respondents.

—[*1]Proceeding pursuant to EDPL 207 to review a determination of the respondents dated September 2, 2003, made after a public hearing, authorizing the condemnation of certain real property.

Adjudged that the petition is granted, on the law, with costs, and the determination is rejected.

The respondents' determination authorizing the condemnation of certain real property owned by the petitioner failed to set forth the required finding as to "the general effect of the proposed project on the environment and residents of the locality" (EDPL 204 [B] [3]). Thus, we reject the determination. Cozier, J.P., Ritter, Spolzino and Skelos, JJ., concur.