Development

In neighbors' hybrid article 78 proceeding/declaratory judgment action seeking to enjoin construction of a project that would house the homeless, neighbors appealed from Supreme Court's denial of injunctive relief and declaration that the city could proceed with environmental review. The Appellate Division affirmed, holding that the city did not improperly segment environmental review of the project.

In July 2016, a not-for-profit developer applied to convert two adjacent multi-story buildings in Ozone Park into a transitional residence for homeless adults. The City Department of Homeless Services began environmental review of the project, but before the review was complete, neighbors brought this proceeding seeking to halt further development until the city conducted environmental review of its February 2017 report entitled "Turning the Tide on Homelessness in New York City." Neighbors argued that the city was improperly segmenting environmental review by considering the Ozone Park project without considering the environmental impact of the city's broader plan for homelessness. Supreme Court denied the request for injunctive relief and held that the city was entitled to conduct environmental review of the Ozone Park project.