Generally, SEQRA determinations are ordinarily considered steps in a land use decision making process and therefore not ripe for judicial review. Matter of Yorktown v. NYS Department of Mental Hygiene, 92 A.D.2d 897 (2d Dept. 1983) affirmed 59 N.Y.2d 999. There are exceptions when a SEQRA determination alone does inflict concrete injury and commences the running of the period of limitations applicable to Article 78 proceedings.
A determination by a lead agency regarding the State Environmental Review Act, 6 NYCRR Part 617 et. seq. (SEQRA) is an administrative determination. An administrative determination to be “ripe for adjudication” must be “final and binding.” CPLR 217[1] and 7801[1].
