Opinion
2002-01294
Argued June 17, 2002
August 12, 2002
In a proceeding pursuant to CPLR article 78, inter alia, to annul a final environmental impact statement dated May 4, 2001, issued by the New York City Department of Design and Construction, and to review a determination of the New York City Department of Design and Construction, dated May 26, 2001, which, in effect, approved a project to construct certain recreational facilities in Bloomingdale Park, the appeal is from an order of the Supreme Court, Richmond County (Minardo, J.), dated February 6, 2002, which denied the petitioners' motion for a preliminary injunction restraining the respondents from undertaking any construction activities in Bloomingdale Park.
Woitkowski Schmidt, Staten Island, N.Y., and Sullivan Cromwell, New York, N.Y. (Matthew Woitkowski and Perrin W. Clark of counsel), for appellants (one brief filed).
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein, Christopher King, Robert Orlin, and Kathleen Alberton of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that on the court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the order is affirmed; and it is further,
ORDERED that the respondents are awarded one bill of costs.
As the Supreme Court correctly noted in its well-reasoned decision, there is no likelihood that the petitioners will succeed on the merits of their underlying petition. Thus, the Supreme Court providently denied the petitioners' motion for a preliminary injunction (see CPLR 6311; Doe v. Axelrod, 73 N.Y.2d 748, 750; Grant Co. v. Srogi, 52 N.Y.2d 496, 517; Sheffield Towers Rehabilitation Health Care Ctr. v. Novello, 293 A.D.2d 182 [2d Dept, Apr. 22, 2002]; Mosseri v. Fried, 289 A.D.2d 545).
FLORIO, J.P., S. MILLER, TOWNES and COZIER, JJ., concur.