Opinion
November 15, 1999
Schapiro Reich, Lindenhurst, N.Y. (Steven M. Schapiro of counsel), for appellants.
Annette Eaderesto, Town Attorney, Medford, N.Y. (Michael T. Groben of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
In an action, inter alia, to enjoin the defendants from using their real property as a private airfield, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 3, 1998, as granted the plaintiff's motion, in effect, for summary judgment on the complaint to the extent of setting aside a 1983 stipulation between, among others, the plaintiff and the prior owner of the defendants' property, and enjoining them from conducting any operations involving aircraft on the subject premises until they obtained approval for such operations from the New York State Commissioner of Transportation.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the defendants' contention, the New York State Commissioner of Transportation is not a necessary party to this action. Complete relief can be afforded to the parties without the Commissioner's participation in the action, and the Commissioner would not be inequitably affected by a judgment in the action ( see, CPLR 1001[a]; Buckley v. National Frgt., 90 N.Y.2d 210, 217-218; City of New York v. Long Is. Airports Limousine Serv. Corp., 48 N.Y.2d 469, 475; Amendola v. A.C. Elec. Co., 201 A.D.2d 689, 690).
The defendants' remaining contentions are without merit.
BRACKEN, J.P., JOY, GOLDSTEIN, and LUCIANO, JJ., concur.