Rosspeltz Corp. v. Morgenroth

• Decision Date: 02 June 1975
• Parties: In the Matter of The ROSSPELTZ CORPORATION, Respondent, v. William MORGENROTH, as Building Inspector of the Town of Greenburgh, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 283

368 N.Y.S.2d 283

48 A.D.2d 838

In the Matter of The ROSSPELTZ CORPORATION, Respondent, v. William MORGENROTH, as Building Inspector of the Town of

Greenburgh, Appellant.

Supreme Court, Appellate Division, Second Department.

June 2, 1975.

Joel H. Sachs, Town Atty., Elmsford (Ruth E. Roth, Elmsford, of counsel), for appellant.

Fredericks & Goldberger, White Plains (Alfred D. Fredericks and Robert S. Ordman, White Plains, of counsel), for respondent.

Before HOPKINS, Acting P.J., and LATHAM, CHRIST, BRENNAN and SHAPIRO, JJ.

MEMORANDUM BY THE COURT.

In a proceeding pursuant to CPLR article 78, the appeal is from a judgment of the Supreme Court, Westchester County, dated November 25, 1974, which directed respondent to issue a building permit to petitioner forthwith.

Judgment reversed, on the law, with $20 costs and disbursements, and petition dismissed, on the merits.

Upon oral argument of this appeal, petitioner's counsel conceded that petitioner's lease of the premises for which the building permit was sought had been voluntarily terminated during the pendency of this appeal and that petitioner held no present interest in the premises whatsoever. A person having no interest in the premises for which a building permit is sought may not maintain an action to compel the issuance of a permit to him (Krieger v. Scott, 4 N.J.Misc. 942, 134 A. 901; 2 Rathkopf, Law of Zoning and Planning (1973 Cum.Supp.), p. 55--13).