Opinion
February 14, 1995
Appeal from the Supreme Court, Suffolk County (Fierro, J.).
Ordered that the order and judgment is affirmed, with costs.
The Supreme Court correctly determined that the petitioners did not assert a legally cognizable injury in their petition. Thus, the petitioners do not have standing to challenge the legality of the respondents' diversion of funds from the Suffolk County Water Quality Protection Program to the Suffolk County General Fund (see, Society of Plastic Indus. v. County of Suffolk, 77 N.Y.2d 761; see also, Matter of East Thirteenth St. Community Assn. v New York State Urban Dev. Corp., 84 N.Y.2d 287; Matter of Gilkes v. New York State Div. of Parole, 192 A.D.2d 1041, 1042; Young v Pirro, 170 A.D.2d 1033; cf., Matter of Har Enters. v. Town of Brookhaven, 74 N.Y.2d 524, 527-528). Nor, we note, have the petitioners raised a justiciable controversy (see, Cuomo v. Long Is. Light. Co., 71 N.Y.2d 349, 354; Matter of Fifth Ave. of Long Is. Realty Assocs. v. Board of Trustees, 199 A.D.2d 392; cf., Matter of Natural Resources Defense Council v. New York City Dept. of Sanitation, 83 N.Y.2d 215). Accordingly, the Supreme Court properly dismissed the petition. Sullivan, J.P., Rosenblatt, Joy and Altman, JJ., concur.