Opinion
7716.
January 31, 2006.
Appeal from judgment, Supreme Court, New York County (Karen S. Smith, J.), entered November 24, 2004, denying this CPLR article 78 petition to annul the determination of respondent Board of Standards and Appeals, filed June 10, 2004, which had granted a variance to respondent Tribeach Holdings, unanimously dismissed as moot, without costs.
Law Office of Stuart A. Klein, New York (Marc M. Coupey of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), for The Board of Standards and Appeals of the City of New York, respondent.
Cozen O'Connor, New York (Howard B. Hornstein of counsel), for Tribeach Holdings, LLC, respondent.
Before: Buckley, P.J., Andrias, Friedman, Marlow and Gonzalez, JJ., concur.
Petitioner did not seek to enjoin either the demolition of the former garage or the construction of the new building. The garage was razed over a year ago, and the new building's superstructure is 75% complete. Therefore, petitioner's appeal is moot ( see e.g. Matter of Citineighbors Coalition of Historic Carnegie Hill v. New York City Landmarks Preserv. Commn., 2 NY3d 727). Were we to consider the merits, we would affirm.