Community Preservation Corp. v. Miller

Appellate Division of the Supreme Court of New York

Community Preservation Corp. v. Miller

15 A.D.3d 193, 788 N.Y.S.2d 609, 2005 N.Y. App. Div. LEXIS 936

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 2005

StatusPublished

Cited by1 cases

This text of 15 A.D.3d 193 (Community Preservation Corp. v. Miller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Community Preservation Corp. v. Miller, 15 A.D.3d 193, 788 N.Y.S.2d 609, 2005 N.Y. App. Div. LEXIS 936 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Louis B. York, J), entered October 1, 2004, dismissing this proceeding brought pursuant to CPLR article 78 on the grant of municipal respondents’ motion, unanimously affirmed, without costs. Appeal from order, same court, Justice and entry date, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Petitioners’ State Environmental Quality Review Act (SEQRA)-based challenge to the New York City Childhood Lead [194]*194Poisoning Prevention Act of 2003 (Local Law No. 1 [2004] of City of New York), enacted by respondent City Council (Administrative Code of City of NY, tit 27, ch 2, subch 2, art 14), was properly dismissed for lack of standing (see Society of Plastics Indus. v County of Suffolk, 77 NY2d 761 [1991]). Petitioners have failed to establish environmental harm distinct from that suffered by the public at large (id.; see Matter of Rent Stabilization Assn. of N.Y.C., Inc. v Miller, 15 AD3d 194 [2005]). Concur— Mazzarelli, J.R, Ellerin, Nardelli, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, New York County (Louis B. York, J), entered October 1, 2004, dismissing this proceeding brought pursuant to CPLR article 78 on the grant of municipal respondents’ motion, unanimously affirmed, without costs. Appeal from order, same court, Justice and entry date, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Petitioners’ State Environmental Quality Review Act (SEQRA)-based challenge to the New York City Childhood Lead [194]*194Poisoning Prevention Act of 2003 (Local Law No. 1 [2004] of City of New York), enacted by respondent City Council (Administrative Code of City of NY, tit 27, ch 2, subch 2, art 14), was properly dismissed for lack of standing (see Society of Plastics Indus. v County of Suffolk, 77 NY2d 761 [1991]). Petitioners have failed to establish environmental harm distinct from that suffered by the public at large (id.; see Matter of Rent Stabilization Assn. of N.Y.C., Inc. v Miller, 15 AD3d 194 [2005]). Concur— Mazzarelli, J.R, Ellerin, Nardelli, Gonzalez and Catterson, JJ.

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Bluebook (online)

15 A.D.3d 193, 788 N.Y.S.2d 609, 2005 N.Y. App. Div. LEXIS 936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/community-preservation-corp-v-miller-nyappdiv-2005.

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