Paden v. Planning Board of Mamakating

Appeal from a judgment of the Supreme Court (Kane, J.), entered February 16, 1999 in Sullivan County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a site plan approval by respondent Planning Board of the Town of Mamakating.

Petitioners challenge a determination of respondent Planning Board of the Town of Mamakating granting respondent J.M.L. Quarries, Inc. site plan approval to construct an asphalt concrete batch plant on a four-acre portion of its 465-acre quarry site in the Town of Mamakating, Sullivan County. In their brief, petitioners acknowledge that construction of the plant has been completed, a fact confirmed at oral argument. As a consequence, this appeal has been rendered moot in view of petitioners’ failure to seek injunctive relief protecting their interests during the pendency of this appeal (see, e.g., Matter of Many v Village of Sharon Springs Bd. of Trustees, 234 AD2d 643 , 644, lv denied 89 NY2d 811 ; Matter of Save the Pine Bush v City Engr. of City of Albany, 220 AD2d 871 , 872, lv denied 87 NY2d 807 ; Matter of Serafín v Wallace, 117 AD2d 926 , 927; Matter of Friends of Pine Bush v Planning Bd., 86 AD2d 246 , 247-248, affd 59 NY2d 849 ). There being no basis for applying any of the exceptions to the mootness doctrine, the appeal should be dismissed (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 713-714; cf., Matter of Save the Pine Bush v City of Albany, 141 AD2d 949 , 951, lv denied 73 NY2d 701 ). Even if we were to address the merits, none of the arguments advanced by petitioners warrants annulment of the Planning Board’s determination.