Mueller v. Anderson

This is a motion to dismiss an article 78 petition pursuant to CPLR 7804, (subd. [f]), for alleged legal insufficiency, and further by reason of the alleged fact that petitioners are not aggrieved parties within the *569meaning of the applicable statute (General City Law, § 82, subd. [1]).

Neither the petition nor the answering affidavit alleges that the petitioner Park-Oxford Neighborhood Association owns any property in the immediate vicinity of the subject property. Nor does any claim of property ownership appear to have been made during the zoning hearing on this matter. It is irrelevant that…