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Supreme Court, Yates County, October 8, 2009
APPEARANCES OF COUNSEL
Harter, Secrest & Emory, LLP (Edward F. Premo, II and Megan K. Dorritie of counsel), for Town of Italy, respondent. Hodgson Russ, LLP (Lauren M. Monforte and Daniel A. Spitzer of counsel), and Young, Sommer, LLC (James A. Muscato, II and Douglas Ward of counsel), for Ecogen Wind, LLC, and another, respondents. Gary A. Abraham for petitioner.
{**25 Misc 3d at 1116} OPINION OF THE COURT
W. Patrick Falvey, J.
Petitioner, an unincorporated association comprised of some residents of the Town of Italy brings this CPLR article 78 proceeding, challenging the enactment of Local Law No. 3 (2009) of the Town of Italy, as replaced by Local Law No. 5 (2009) of the Town of Italy, which rezoned two areas in the southern portion of the Town as wind energy incentive zones (WEIZ). Respondents Town and wind developer Ecogen moved to dismiss the petition on the ground that the petitioner lacks standing. [*2]
On the return date, respondents, in open court, withdrew their motion to dismiss. The court hereby reaffirms said withdrawal and denies said motion based on the petitioner's affidavits in support of standing proving that at least one of its members owns land within one of the WEIZ.{**25 Misc 3d at 1117}
Petitioner asserts the following grounds in its petition:
"1. The Town violated the State Environmental Quality Review Act (SEQRA) by making an impermissible deferral of impact review. Petitioner refers to 6 NYCRR

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