Opinion
October 13, 1998
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the judgment is affirmed, with costs.
The appellants' contention that the petitioner lacked standing or capacity to institute this proceeding is being raised for the first dine on appeal and therefore we decline to reach this issue ( see, Murray v. Palmer, 229 A.D.2d 377).
The Supreme Court did not improvidently exercise its discretion in awarding the petitioner counsel fees and costs (see, Public Officers Law § 89 [c]; Matter of Moore v. Catus, 254 A.D.2d 360 [decided herewith]).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.