Shapiro v. Torres
| Decision Date | 23 August 2017 |
| Docket Number | 2015-09420. Index No. 5044/15. |
| Citation | 153 A.D.3d 835,60 N.Y.S.3d 366 |
| Parties | In the Matter of Bernard SHAPIRO, et al., petitioners/plaintiffs-appellants, v. Len TORRES, et al., respondents/defendants-respondents. |
| Court | New York Supreme Court — Appellate Division |
153 A.D.3d 835
60 N.Y.S.3d 366
In the Matter of Bernard SHAPIRO, et al., petitioners/plaintiffs-appellants,
v.
Len TORRES, et al., respondents/defendants-respondents.
2015-09420. Index No. 5044/15.
Supreme Court, Appellate Division, Second Department, New York.
Aug. 23, 2017.
Jaspan Schlesinger LLP, Garden City, NY (Maureen T. Liccione and Robert V. Guido of counsel), for petitioners/plaintiffs-appellants.
Robert Agostini, Corporation Counsel, Long Beach, NY, and Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP, Uniondale, NY (Jeffrey D. Forchelli, William F. Bonesso, Richard A. Blumberg, and Danielle E. Tricolla of counsel), for respondents/defendants-respondents (one brief filed).
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the City Council of the City of Long Beach dated March 3, 2015, to award contracts for the construction of comfort stations along the City of Long Beach boardwalk, and action for a judgment declaring that the construction of a structure known as the Lincoln Boulevard Comfort Station is a prohibited use of a public street and related injunctive relief, the petitioners/plaintiffs appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Mahon, J.), entered September 25, 2015, as, upon denying their motion for a preliminary injunction, in effect, determined that the construction of the structure known as the Lincoln Boulevard Comfort Station is not a prohibited use of a public street, denied the petition, and dismissed the hybrid proceeding/action.
ORDERED that the order and judgment is modified, on the law, by deleting the provision thereof, in effect, dismissing the action, and adding thereto a provision declaring that the construction of the structure known as the Lincoln Boulevard Comfort Station is a permitted use of a public street; as so modified, the order and judgment is affirmed insofar as appealed from, with costs to the respondents/defendants.
In this hybrid proceeding and action, the petitioners/plaintiffs (hereinafter the petitioners) sought, inter alia, to review a determination of the City of Long Beach to award contracts for the construction of comfort stations along the city boardwalk as part of a plan to reconstruct the boardwalk and restroom facilities that had been destroyed by Hurricane Sandy. The comfort station at issue would be installed in a "bump out" that extended into the southern end of Lincoln Boulevard, opposite the ocean side of the boardwalk, adjacent to the petitioners' condominium complex. The petitioners alleged that the City violated the mandates of the State Environmental Quality Review Act (ECL art 8; hereinafter SEQRA) and article 17 of The Charter of the City of Long Beach (Charter of the City of Long Beach § 330[6] ) and interfered with their easement of light, air, and access. The Supreme...
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