Majority
—In a proceeding pursuant to CPLR article 78 to review a determination of the Suffolk County Legislature and the Suffolk County Executive to redirect $24,300,000 from the Suffolk County Water Quality Protection Program to the Suffolk County General Fund, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Fierro, J.), dated June 26, 1992, which, upon granting the respondents’ motion to dismiss the petition on the ground that the petitioners lack standing, dismissed the petition.
Ordered that the order and judgment is affirmed, with costs.
The Supreme Court correctly determined that the petitioners did not assert a legally cognizable injury in their petition. Thus, the petitioners do not have standing to challenge the legality of the respondents’ diversion of funds from the Suffolk County Water Quality Protection Program to the Suffolk County General Fund (see, Society of Plastic Indus. v County of Suffolk, 77 NY2d 761 ; see also, Matter of East Thirteenth St. Community Assn. v New York State Urban Dev. Corp., 84 NY2d 287 ; Matter of Gilkes v New York State Div. of Parole, 192 AD2d 1041 , 1042; Young v Pirro, 170 AD2d 1033 ; cf., Matter of Har Enters. v Town of Brookhaven, 74 NY2d 524 , 527-528). Nor, we note, have the petitioners raised a justicia
Cases cited
- Society of Plastics Industry, Inc. v. County of Suffolk 77 NY2d 761 p. 610
- East Thirteenth Street Community Ass'n v. New York State Urban Development Corp. 84 NY2d 287 p. 610
- Gilkes v. New York State Division of Parole 192 AD2d 1041 at 1042 p. 610
- Har Enterprises v. Town of Brookhaven 74 NY2d 524 at 527-528 p. 610
- Cuomo v. Long Island Lighting Co. 71 NY2d 349 at 354 p. 611
- Fifth Avenue of Long Island Realty Associates v. Board of Trustees 199 AD2d 392 p. 611
- Natural Resources Defense Council, Inc. v. New York City Department of Sanitation 83 NY2d 215 p. 611