Legal Opinion
Solid Waste Services, Inc. v. New York City Department of Environmental Protection
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2006PublishedCited by 9 opinions
1Opinion of the Court
*319Order, Supreme Court, New York County (Michael D. Stallman, J.) entered February 8, 2005, which dismissed this proceeding, brought pursuant to CPLR article 78, for failure to join a necessary party, unanimously affirmed, without costs.
Necessary parties are those “who ought to be parties if complete relief is to be accorded between the persons who are parties to the action or who might be inequitably affected by a judgment in the action” (CPLR 1001 [a]). In a CPLR article 78 proceeding, the governmental agency that performed the challenged action must be a named party (see Matter of McNeill v…
2Cases cited3 opinions
- Red Hook/Gowanus Chamber of Commerce v. New York City Board of StandardsNew York Court of Appeals · 2005
- McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
- Matter of Headriver, LLC v. Town Board of the Town of RiverheadNew York Court of Appeals · 2004
3Cited by9 opinions
- Matter of A&F Scaccia Realty Corp. v. New York City Dept. of Envtl. ProtectionAppellate Division of the Supreme Court of the State of New York · 2021
- Johnson v. Scholastic, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Okoumou v. Community Agency for Senior Citizens, Inc.New York Supreme Court · 2007
- Watkins v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Rumley v. NYC Dept. of Educ. OPIAppellate Division of the Supreme Court of the State of New York · 2022
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