Opinion
10383-1038A & M–7735 Index 154205/19
11-07-2019
The CITY CLUB OF NEW YORK, et al., Plaintiffs-Appellants, v. EXTELL DEVELOPMENT COMPANY, et al., Defendants–Respondents.
John R. Low–Beer, Brooklyn, for appellants. Boies Schiller Flexner LLP, Armonk (Jason Cyrulnik of counsel), for respondents.
John R. Low–Beer, Brooklyn, for appellants.
Boies Schiller Flexner LLP, Armonk (Jason Cyrulnik of counsel), for respondents.
Friedman, J.P., Renwick, Richter, Mazzarelli, Oing, JJ.
Appeals from judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered June 14, 2019, dismissing the complaint, and order, same court and Justice, entered June 11, 2019, dismissing the complaint and denying preliminary injunctive relief, unanimously dismissed, without costs, as moot.
In this action, plaintiffs allege that defendants' construction of a high-rise building in Manhattan violates various zoning regulations. Plaintiffs brought this litigation after an unsuccessful challenge to a permit issued by the NYC Department of Buildings (DOB). Plaintiffs moved for a preliminary injunction halting further construction, and defendants cross-moved to dismiss the complaint. While this action was pending, plaintiffs also pursued an administrative appeal of DOB's decision to issue the permit before the Board of Standards and Appeals (BSA). The motion court granted defendants' cross motion based on plaintiffs' failure to have exhausted their administrative remedies, and denied the preliminary injunction as academic. A judgment dismissing the complaint was subsequently entered.
After this appeal was perfected, the parties informed this Court that BSA issued a final decision denying plaintiffs' administrative appeal. Because the administrative remedies have now been exhausted, the appeal from the dismissal of the complaint is moot (see 985 Fifth Ave., LLC v. Reiss, 8 A.D.3d 11, 12, 777 N.Y.S.2d 303 [1st Dept. 2004] ). We find no merit to plaintiffs' argument that the appeal from the denial of the preliminary injunction is still properly before us. Since no action is presently pending, theappeal from the order denying the injunction is moot (see Hakim v. James, 169 A.D.3d 450, 452, 94 N.Y.S.3d 14 [1st Dept. 2019] ).
M–7735 – The City Club of New York v. Extell Development Company
Motion to dismiss appeal denied as academic.