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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

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By New York Real Estate Law Reporter Staff
November 01, 2023

Contract Vendee Lacks Standing to Challenge Denial of Permit Application

Matter of Ateres Bais Yaakov Academy of Rockland v. Town of Clarkstown, 2023 WL 4340224 AppDiv, Second Dept. (memorandum opinion)

In a hybrid article 78 proceeding/declaratory judgment action challenging the refusal to entertain a permit application, the applicant, a religious school, appealed from Supreme Court's dismissal of the petition and denial of attorney fees. The Appellate Division modified to grant the petition for attorney fees, but otherwise affirmed, holding that the school had no standing to challenge the refusal to entertain the application.

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