Goldin v. Town of Hempstead

In this action plaintiffs seek a temporary injunction to restrain defendants from entering into a lease between the Town of Hempstead, as landlord, and the Board of Cooperative Educational Services (hereinafter referred to as BOCES) as tenant, covering 16 acres of vacant land. Plaintiffs *727also seek to enjoin defendant BOOBS from using or improving the land by the building of a school facility.

The action in chief is a taxpayers’ suit brought pursuant to section 51 of the General Municipal Law. BOOBS has moved for an order dismissing the complaint pursuant to CPLR 3211 (subd. [a]) on the ground…