Matter of Friends of Pine Bush v. Planning Bd. of City

Full title: In the Matter of FRIENDS OF THE PINE BUSH et al., Respondents-Appellants…

Court: Court of Appeals of the State of New York

Date published: Jun 9, 1983

59 N.Y.2d 849 (N.Y. 1983)

465 N.Y.S.2d 924

452 N.E.2d 1252

Opinion

Argued May 4, 1983

Decided June 9, 1983

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD S. CONWAY, J.

Vincent J. McArdle, Jr., Corporation Counsel ( Condon A. Lyons of counsel), for appellants-respondents.

Lewis B. Oliver, Jr., for respondents-appellants.

Peter A. Lynch for intervenors-respondents.

Order affirmed, with costs. The Appellate Division did not err in retaining the appeal despite mootness or in converting the proceeding to an action for declaratory judgment. On the merits we affirm for the reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 86 A.D.2d 246).

Concur: Judges JASEN, JONES, WACHTLER, MEYER and SIMONS. Taking no part: Chief Judge COOKE.