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Decided on May 25, 2005
Supreme Court, Erie County
In the Matter of Concern, Inc., Joyce Bochman, Eileen Almasi, Marliese Kothe, and Carl Paladino, Petitioners,
against

George E. Pataki, in his official capacity as Governor of the State of
New York; State Gaming Officials of the New York State Wagering
Board; Town of Cheektowaga; Town Board of the Town of
Cheektowaga; Dennis T. Gabryszak, in His Official Capacity as
Supervisor of the Town of Cheektowaga; and The Uniland Partnership
L.P., n/k/a the Uniland Partnership of Delaware L.P., d/b/a Uniland
Development Company, Respondents.







2004-5014
Phillips Lytle LLP Michael B. Powers, Esq. Adam Walters, Esq.
One HSBC Center, Suite 3400 Buffalo, New York 14203-2887 Attorneys for Petitioners Eliot Spitzer Attorney General of the State of New York Timothy Hoffman, Esq., Assistant Attorney General 107 Delaware Avenue, Fourth Floor Buffalo, New York 14202 Attorneys for Respondents Governor George E. Pataki and State Gaming Officials of the New York State Wagering Board Michael J. Stachowski, Esq. Town Hall, 3301 Broadway Cheektowaga, New York 14227 Attorney for Respondents Town of Cheektowaga, Town Board of the Town of Cheektowaga, and Dennis G. Gabryszak Parrino, Cooper & Dobson Arthur F. Dobson, Jr., Esq. and Robert W. Michalak, Esq. 6225 Sheridan Drive, Suite 100 Williamsville, New York 14221 Attorneys for Respondent Uniland Partnership, L.P. n/k/a the Uniland Partnership of Delaware L.P. d/b/a Uniland Development Company
Joseph G. Makowski, J.

Since 1972, New York has lead the nation in recognizing that the actions of government can damage the environment. With the passage of the Environmental Conservation Law, the Legislature established as a priority the preservation of the environment for the health, safety and enjoyment of New York State residents. One article of that Law, titled the State Environmental Quality Review Act (or SEQRA) requires that the State, its agencies and its subdivisions serve as protectors of the environment by mandating that, when approving any action or funding any project that might have a significant effect on the environment, these state and municipal actors must consider those impacts in addition to other social and economic policies (see Environmental Conservation Law

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New York Law