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Gardner v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1999
264 A.D.2d 498 (N.Y. App. Div. 1999)

Opinion

August 30, 1999.

Appeal from the Supreme Court, Westchester County (Barone, J.).


Ordered that the judgment is affirmed, with one bill of costs payable by the appellants-respondents to the respondents-appellants appearing separately and filing separate briefs.

The appellants-respondents challenge certain findings made pursuant to the State Environmental Quality Review Act (SEQRA, ECL art 8) adopted by the lead agency in 1995 in connection with the development of a shopping center complex in the City of Yonkers.

This matter is barred by the Statute of Limitations ( see, CPLR 217). Even if timely commenced, the appellants-respondents have no standing to allege that Sprain Road be closed for all purposes in the absence of further environmental review since they failed to allege any threat of cognizable injury they would suffer, different in kind or degree from the public at large ( see, Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 778).

The parties' remaining contentions are without merit.

S. Miller, J. P., Friedmann, Feuerstein and Smith, JJ., concur.


Summaries of

Gardner v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1999
264 A.D.2d 498 (N.Y. App. Div. 1999)
Case details for

Gardner v. City of Yonkers

Case Details

Full title:CAROL K. GARDNER et al., Appellants-Respondents, v. CITY OF YONKERS et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 30, 1999

Citations

264 A.D.2d 498 (N.Y. App. Div. 1999)
694 N.Y.S.2d 465

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