Matter of Lucas v Village of Mamaroneck
2012 NY Slip Op 02304 [93 AD3d 848]
March 27, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


In the Matter of Nora Lucas et al., Appellant,
v
Village of Mamaroneck et al., Respondents.

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Nora Lucas, Mamaroneck, N.Y., Anthony Weiner, Mamaroneck, N.Y., Martha McCarthy-Falk, Mamaroneck, N.Y., Jeffrey Falk, Mamaroneck, N.Y., and Stuart Tiekert, Mamaroneck, N.Y., appellants pro se (one brief filed).

Silverberg Zalantis LLP, Tarrytown, N.Y. (Katherine Zalantis and Steven M. Silverberg of counsel), for respondents Village of Mamaroneck, Board of Appeals of Village of Mamaroneck, Clark Neuringer, George Mgrditchian, Robin Kramer, Gregory Sullivan, and Barry Weprin.

Frederick J. Salanitro, Bronx, N.Y., and Shamberg Marwell Davis & Hollis, P.C., Mount Kisco, N.Y. (Robert F. Davis of counsel), for respondents Benmar Properties, LLC, Benedict A. Salanitro, Franca Salanitro, and Marc Castaldi (one brief filed).

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Appeals of the Village of Mamaroneck dated June 4, 2009, which, among other things, classified the issuance of a building permit for the construction of a single-family dwelling on a proposed subdivided parcel of real property designated as 609 Brook Street as a Type II action under the State Environmental Quality Review Act (ECL art 8), and declined to classify the development project proposed for the parcel as a Type I action under the State Environmental Quality Review Act, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Cohen, J.), dated October 22, 2010, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the appeal is dismissed, as academic, without costs or disbursements, in light of our determination of the appeal from the order and judgment (one paper) entered October 6, 2009, in Lucas v Board of Appeals of Vil. of Mamaroneck (93 AD3d 844 [2012] [decided herewith]). Angiolillo, J.P., Leventhal, Austin and Roman, JJ., concur.