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Supreme Court, Erie County, January 22, 2004
APPEARANCES OF COUNSEL
Arthur J. Giacalone for petitioners. Michael B. Risman, Corporation Counsel (Lenora B. Foote of counsel), for Common Council of City of Buffalo and another, respondents. Magavern, Magavern & Grimm, L.L.P. (Richard A. Moore of counsel), for Kaleida Health, respondent. Lipman & Biltekoff, LLP (Robert A. Biltekoff of counsel), for Mercy Flight, Inc., respondent.
{**3 Misc 3d at 626} OPINION OF THE COURT
John P. Lane, J.
In March 2003, respondent Kaleida Health, doing business as Women and Children's Hospital of Buffalo, submitted an application for approval of a privately owned helipad or heliport by respondent Common Council and a site plan and design for the helipad for review and approval by respondent Planning Board. The application sought a special permit to operate a helipad at one of four different locations within the hospital complex in the Elmwood Avenue/Bryant Street area, including above the roof of an existing building at 219 Bryant Street owned and operated by Kaleida Health. This is a proceeding and action pursuant to CPLR article 78 and CPLR 3001 seeking a preliminary injunction prohibiting the construction and/or operation of the proposed helipad and a judgment annulling the actions taken by respondents Common Council and Planning Board approving the project. Respondent Kaleida Health cross-moves to dismiss this combined proceeding and action. Petitioners are residents in the neighborhood of the hospital.
Two important issues must be resolved: whether respondent Planning Board was properly designated as the agency to lead the environmental review of the proposed helipad project and whether the Common Council violated the State Environmental Quality Review Act (SEQRA) and the Code of the City of Buffalo by failing to hold a public hearing and by unconditionally approving the construction and operation of the proposed neighborhood helipad.
The establishment and use of a privately owned helipad within the City of Buffalo is governed by chapter 63 of the Code. A privately owned helipad must be authorized by the [*2]Common Council {**3 Misc 3d at 627}(Code

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