Majority
p. 1020Michael Giardino et al., Appellants, v Janet Gardinier et al., Constituting the Zoning Board of Appeals of the City of Rome, et al., Respondents.
Memorandum: We affirm upon the ground that the court correctly determined that petitioners lacked standing to contest the granting of a use variance. Petitioners did not demonstrate that they were aggrieved by the Zoning Board of Appeals determination, and mere status as a taxpayer or business competitor is an insufficient basis for standing (Matter of Dairylea Coop. v Walkley, 38 NY2d 6 , 11; Matter of Paolangeli v Stevens, 19 AD2d 763 ). Thus viewed, it is unnecessary to reach any other issue. (Appeal from judgment of Supreme Court, Oneida County, Inglehart, J. — art 78.) Present — Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.
Cases cited
- Dairylea Cooperative, Inc. v. Walkley 38 NY2d 6 at 11 p. 1020