Opinion
2002-06109
Argued May 8, 2003.
June 2, 2003.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Southampton dated April 19, 2001, granting final amended approval to Parrish Pond Associates, LLC, on an application for a subdivision in the Town of Southampton, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated April 22, 2002, which denied the petition and dismissed the proceeding.
Caputi, Weintraub Neary, Huntington, N.Y., (Gary N. Weintraub of counsel), for appellants.
David J. Gilmartin, Jr., Southampton, N.Y. (Kiernan Pape Murphree of counsel), for respondent Planning Board of Town of Southampton.
Bennett Read, Southampton, N.Y. (John J. Bennett of counsel), for respondent Parrish Pond Associates, LLC.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, with one bill of costs to the respondents.
The petitioners seek to review a determination of the respondent Planning Board of the Town of Southampton which granted final amended approval to the respondent Parrish Pond Associates, LLC, for a subdivision application in the Town of Southampton. As the petitioners failed to move in this court for a preliminary injunction to preserve the status quo pending the determination of this appeal, and as the work at issue is substantially completed, they failed to preserve their rights pending appellate review. The appeal therefore must be dismissed as academic (see Matter of Padavan v. City of New York, 291 A.D.2d 561, Matter of Gorman v. Town Bd. of Town of E. Hampton, 273 A.D.2d 235; see also Matter of Dreikausen v. Zoning Bd. of Appeals of City of Long Beach, 98 N.Y.2d 165; Matter of Imperial Improvements v. Town of Wappinger Zonzing Bd. of Appeals, 290 A.D.2d 507).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and TOWNES, JJ., concur.