After the Town of Hempstead granted YBC certain variances to construct a new two-story residence in Woodmere, New York, K filed an administrative appeal with the Nassau County Supreme Court and also sought an injunction stopping the construction.
After the judge denied the request for injunctive relief, and dismissed the administrative appeal, an appeal followed.
While that appeal was pending, YBC later moved to dismiss on the grounds that the appeal had become “academic.” And the Appellate Division, Second Department, agreed, noting that the construction of the residence had been substantially completed with the Town's authority, and undoing the work would cause substantial prejudice and undue hardship to YBC. (The court noted that K had mistakenly failed to seek a preliminary injunction from the Appellate Division to maintain the status quo during the appeal process.)
Given those circumstances, the AD2 granted YBC's motion to dismiss the "academic" appeal and did not address the merits of K's arguments.
Clearly, K didn’t make the grade there ….
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DECISION