NYC 9/11 Public Portal Document
NUV-SVJ- Guuu 14.IO.] rMul 1 LGr
Legislature. The dissenting Commissioner
maintaining that the project required approval of the State
alienation and rezoning issues and attached supporting
on the Planning Commission addressed both the
Commission
materials on those subjects and others as
exhibits to the dissent. The City Planning
Resolution did not apply to this parkland
specifically addressed the zoningissue, finding that the Zoning
site.
order discovery, as requested by Friends, as
In light of these conclusions, there is no reason to
individuals concerning the merits of the Statelegislation
- to conversations by City attorneys with various
issue.
2. Mosholu Golf Course Clubhouse
review arises from the C1ty's decision
Friends' sole challenge to the substance of the SEQRA
to build a replica after construction of the WTI'.
to demolish the clubhouse that is located on the site and
satisfy its obligation to carefully examine this
There is no merit to this challenge. Not only did the City
concern for the clubhouse during the
issue, it raised the issue on its own; indeed, thconly expression of
City ARP as the agency which prepared the
entire process of review and approval emanated from the
private, including Friends, who appeared at the
FEIS. None of the many persons and entities, public or
demolition of the clubhouse before this Article 78
hearings or made written submissions objected to
the issue is properly considered against it.
proceeding was brought. Friends' belated discovery of
427 (1986) ("(P)etitioncr's silence cannot
Jackson v. New Ya kStnte Urban Dev. Corp., 67 N.Y.2d 400,
failure to discuss an issue in the FEIS was
be overlooked in determining whether the agency's
venture, the intent being that an agency have
reasonable. The EIS process is designed as a cooperative
approving a project; permitting a party to raise
the benefit of public comment before issuing a FEIS and
o
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