MATTER OF TOWN OF WOODBURY PETITIONERS/ PLAINTIFFS-RESPONDENTS-APPELLANTS PETITIONER/ plf-res, v. COUNTY OF ORANGE RESPONDENTS/def-res, VILLAGE OF KIRYAS JOEL, RESPONDENT/DEFENDANT-APPELLANT-res — (INDEX NO. 6034/10)In a hybrid proceeding pursuant to CPLR article 78 to review (a) a determination of the Orange County Legislature dated February 4, 2010, accepting an amended final environmental impact statement and adopting an amended findings statement in relation to a proposed sale of wastewater treatment capacity, and (b) the alleged failure of the County of Orange to comply with the State Environmental Quality Review Act (ECL art 8) in executing an agreement dated February 19, 2010, between the County of Orange and Orange County Sewer District No. 1, and action for a judgment declaring the February 19, 2010, agreement void, the Village of Kiryas Joel appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Orange County (Nicolai, J.), dated May 2, 2012, as granted that branch of the amended petition/ complaint which was to annul the agreement dated February 19, 2010, and the petitioners/plaintiffs Town of Woodbury and Village of Harriman cross-appeal, as limited by their brief, from so much of the same order and judgment as 1. denied those branches of the amended petition/complaint which were to annul the determination dated February 4, 2010, and 2. dismissed the sixth cause of action of the amended petition/complaint as moot.
ORDERED that the order and judgment is modified, on the law, 1. by deleting the provision thereof granting that branch of the amended petition/ complaint which was to annul the agreement dated February 19, 2010, and substituting therefor a provision denying that branch of the amended petition/complaint, and 2. by deleting the provision thereof dismissing the sixth cause of action of the amended petition/complaint as moot; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable to the Village of Kiryas Joel by the petitioners/plaintiffs, the sixth cause of action of the amended petition/complaint is reinstated and severed, and the matter is remitted to the Supreme Court, Orange County, for further proceedings on that cause of action.
