Opinion

Save Our-Open Space v. Planning Board

  • 256 A.D.2d 581
  • 682 N.Y.S.2d 869
  • 1998 N.Y. App. Div. LEXIS 14045
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 28, 1998
Status
Published
Cited by
8 cases
Authority
More cited than 84.9%

The opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Village of South Nyack, dated June 18, 1997, which issued a negative declaration pursuant to the State Environmental Quality Review Act regarding proposed develop *582 ment of a certain parcel of land, the appeal is from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated December 11, 1997, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Since the petitioners failed to join the landowner, a necessary party to the proceeding, the court properly dismissed the proceeding (see, CPLR 1001 [a]; Matter of Kam Hampton I Realty Corp. v Zagata, 251 AD2d 665 ; Matter of Baker v Town of Roxbury, 220 AD2d 961, 963 ; see also, Matter of Llana v Town of Pittstown, 234 AD2d 881, 884 ).

The petitioners’ remaining contentions are without merit. Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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