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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
 | | Issuance of a building permit may qualify as an exempt ministerial act (see, e.g., Matter of Filmways Communications v Douglas, 106 AD2d 185, affd 65 NY2d 878), or may instead constitute agency "action" subject to SEQRA (see, e.g., Pius v Bletsch, 70 NY2d 920), depending on the regulatory scheme underlying the act. |
 | | In Filmways, we affirmed, on the opinion below, the Appellate Division's holding that SEQRA was not implicated by the building inspector's decision to grant or deny a building permit application because that activity involved "no latitude of choice" (106 AD2d at 186). |
 | | Since under the applicable regulations a decision on the permit application could only be predicated on the applicant's compliance or noncompliance with the Building Code, the determination constituted a SEQRA- exempt ministerial act. |
| caselaw.lp.findlaw.com /scripts/getcase.pl?court=ny&vol=081&invol=0322 (1565 words) |
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