Opinion
December 18, 1989
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
Inasmuch as the plaintiff's present request for declaratory relief is premised upon the occurrence of a future event which may or may not come to pass, the instant action does not present a justiciable controversy and the Supreme Court properly dismissed the complaint as speculative and premature (see, American Ins. Assn. v Chu, 64 N.Y.2d 379, cert denied 474 U.S. 803; New York Pub. Interest Research Group v Carey, 42 N.Y.2d 527; Chase Manhattan Bank v Kress, 131 A.D.2d 807; Baglivi v Sise, 125 A.D.2d 284). In view of the foregoing determination, we do not address the parties' additional contentions. Sullivan, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.