Opinion
May 17, 1993
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the judgment is affirmed, with costs.
It is well settled that a CPLR article 78 proceeding is not the proper vehicle to challenge legislative acts of a governmental entity (see, Bryant Ave. Tenants' Assn. v Koch, 71 N.Y.2d 856; Jones v Beame, 45 N.Y.2d 402; Matter of Lakeland Water Dist. v Onondaga County Water Auth., 24 N.Y.2d 400, 407). Thus, the Supreme Court properly dismissed the petition seeking to compel the respondent, the Incorporated Village of Garden City, to purchase a certain parcel of real property to convert to municipal parking. The acquisition of real property involves judgments, including fiscal appropriations, which must be left to the executive branch (cf., Matter of Town of Mentz v Department of Transp., 106 A.D.2d 870).
Moreover, the Supreme Court did not err in failing to convert the petition to a declaratory judgment action. Although CPLR 103 (c) gives the courts the power to treat a CPLR article 78 proceeding as an action for a declaratory judgment, this power is conditioned on the court's jurisdiction over the necessary parties. In an action seeking to declare a legislative act of a village invalid, the Board of Trustees of the Village would be necessary parties (see, Matter of Overhill Bldg. Co. v Delany, 28 N.Y.2d 449, 458; cf., Matter of Watt v Town of Gaines, 140 A.D.2d 947; but cf., Goldwin-Kent, Inc. v County of Broome, 107 Misc.2d 722, 725 ). Therefore, in the instant proceeding CPLR 103 (c) is not available, since the Village Trustees are not parties to this proceeding.
We have considered the petitioner's remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Balletta and Lawrence, JJ., concur.