Opinion
February 7, 1994
Appeal from the Supreme Court, Westchester County (Pirro, J.).
Ordered that the judgment is reversed, on the law, with costs, and the proceeding is dismissed.
The petitioner Suburban Carting Corporation (hereinafter Suburban Carting) did not have standing to contest the legitimacy of a temporary waste collection license issued by the City Clerk of the City of Mount Vernon to Action Recycling, Inc. In order to establish standing to challenge a governmental action, it must be shown that the challenged action will in fact have a harmful effect on the petitioner and that the interest asserted by the petitioner arguably falls within the zone of interests to be protected by the statutory or constitutional provisions which the petitioner invokes (see, Buckingham Apts. v. Doody, 165 A.D.2d 855; Matter of Dairylea Coop. v. Walkley, 38 N.Y.2d 6). The mere issuance of the temporary license did not have a harmful effect upon Suburban Carting. Furthermore, any subsidiary effect of increased competition did not fall within the zone of interests protected by the sections of the Mount Vernon City Code pertaining to licensed waste collectors. Competitive injury, of itself, will not confer standing (see, Matter of Dairylea Coop. v. Walkley, supra, at 11).
In light of our determination, the parties' remaining contentions need not be addressed. We note, in any event, that the recent amendment of Mount Vernon City Code § 140-13 (E) has rendered these contentions academic. Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.