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Fifth Avenue of Long Island Realty Associates v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 392 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

Appeal from the Supreme Court, Nassau County (Collins, J.).


Ordered that the cross appeal is dismissed, on the ground that the respondents-appellants are not aggrieved by the judgment cross-appealed from (see, CPLR 5511; see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539); and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the respondents-appellants are awarded one bill of costs.

The petitioners have made the requisite showing of standing (see, Society of Plastics Indus. v County of Suffolk, 77 N.Y.2d 761).

The Supreme Court properly determined that the petitioners' claims do not present issues that are ripe for judicial determination. The evidence reveals that adoption of the subject resolutions did not constitute a definitive position by the Incorporated Village of Munsey Park with regard to the proposed redevelopment. Inasmuch as the harm sought to be enjoined is contingent upon events which may not come to pass, the claims are not ripe for judicial consideration (see, Church of St. Paul St. Andrew v Barwick, 67 N.Y.2d 510, 521, cert denied 479 U.S. 985). O'Brien, J.P., Copertino, Pizzuto and Santucci, JJ., concur.


Summaries of

Fifth Avenue of Long Island Realty Associates v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 392 (N.Y. App. Div. 1993)
Case details for

Fifth Avenue of Long Island Realty Associates v. Board of Trustees

Case Details

Full title:In the Matter of FIFTH AVENUE OF LONG ISLAND REALTY ASSOCIATES et al.…

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 392 (N.Y. App. Div. 1993)
608 N.Y.S.2d 90

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