STATE OF NEW YORK

SUPREME COURT ALBANY COUNTY

___________________________________________

RICHARD AMEDURE, ROBERT THOMPSON,

SHAWN STYER, BARBARA RAU, ROBERT U. RAU,
JOHN HAINES, JOHN KUDLACK, and ISABELA SETTLEMENT
BURDUJAN, AGREEMENT
Petitioners-Plaintiffs
-against- Index Number: 07866-17

NEW YORK STATE OFFICE OF PARKS

RECREATION AND HISTORIC PRESERVATION,
Respondent-Defendant.
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Whereas, Plaintiffs commenced this hybrid action-proceeding challenging Defendant’s

compliance with the State Environmental Quality Review Act (“SEQRA”) in connection with its

construction and operation of the Park Police Academy Firing Range in the Town of

Rensselaerville, New York (the “Range” or the “Range Project”); and

Whereas, Defendant disputes Plaintiffs’ allegations; and

Whereas, pursuant to the parties’ agreement, Defendant ceased any and all use and/or

operation of the Range pending resolution of this action-proceeding; and

Whereas, the parties seek to avoid the costs and uncertainty associated with further

litigation,

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned:

1. Defendant shall withdraw the SEQRA determination issued for the Range Project

on August 9, 2017, and shall not engage in any further use or operation of the Range until and

unless a further SEQRA review has been completed, and Defendant agrees it will be the lead

agency under SEQRA for any proposed firing range project located at the Range, and will seek

1
lead agency status for any proposed firing range project located near the Range that is not on land

under the Defendant’s jurisdiction but would be used by the Defendant.

2. Defendant agrees to complete an Environmental Impact Statement as part of any

future SEQRA review to evaluate any other or further firing range project located at or near the

Range.

3. In the event Defendant initiates the SEQRA review process for any other or further

firing range project located at or near the site of the Range Project, Defendant agrees to copy

Plaintiffs’ counsel, Dana Salazar, Esq., upon completion of the Full Environmental Assessment

Form – Part 1 – Project and Setting or the draft Scope, whichever date is earlier, at the address

below, or at any other address provided by Plaintiffs’ counsel for that purpose.

4. The Parties hereby discontinue the above captioned action.

5. This Agreement shall be binding upon and shall inure to the benefit of the parties

hereto and their respective heirs, legal representatives, successors and assigns.

6. It is further stipulated and agreed that this Agreement may be executed in

counterparts and that a copy of this Agreement executed by the undersigned shall constitute an

original.

Dated: March __, 2018

Albany, New York

ERIC T. SCHNEIDERMAN, ATTORNEY SALAZAR AND ERIKSON, LLP

GENERAL OF THE STATE OF NEW YORK
By: ______________________
By: ________________________________ Dana L. Salazar, Esq.
Shannan C. Krasnokutski, Assistant Attorneys for Plaintiffs
Attorney General, of Counsel 573 Columbia Turnpike, Building 2
Attorney for Defendant East Greenbush, New York 12061
The Capitol
Albany, New York 12224