Opinion
Submitted December 1, 1999
December 27, 1999
In a proceeding pursuant to CPLR article 78, inter alia, to review certain determinations of the municipal respondents which, inter alia, granted variances and site plan approval for the development of property owned by Paradise Development Corp. and for which Daniel Pullo was the contract vendee, the petitioners appeal from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated January 12, 1999, which granted Daniel Pullo's motion to dismiss the proceeding for failure to join necessary parties.
Wayne A. Gavioli, Nanuet, N.Y., for appellants.
Dorfman, Lynch Knoebel, Nyack, N.Y. (Dennis A. Lynch of counsel), for respondents Daniel Pullo and Paradise River Development Corp.
Dennis D. Michaels, Deputy Village Attorney, Piermont, N.Y., for the municipal respondents.
SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The petitioners failed to join Daniel Pullo and Paradise River Development Corp. as respondents, and it is undisputed that both are necessary parties. Since Paradise River Development Corp. did not voluntarily appear or participate in the proceeding, and since the applicable Statute of Limitations had run, the Supreme Court properly dismissed the proceeding (see, New York City Audubon Society Inc. v. New York State Department of Environmental Conservation, 262 A.D.2d 324 [2d Dept., June 1, 1999]; Matter of Save Our-Open Space v. Planning Bd. of Vil. of S. Nyack, 256 A.D.2d 581 ;Matter of Kam Hampton I Realty Corp. v. Zagata, 251 A.D.2d 665, 666 ).
S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.