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SCANNELL v. TOWN BD. OF THE TOWN OF SMITHTOWN

250 A.D.2d 832 (1998)

673 N.Y.S.2d 449

Caroline Scannell et al., Appellants, v. Town Board of the Town of Smithtown et al., Respondents. FMV Smithtown Associates, Proposed Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 26, 1998

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court properly dismissed the complaint on the ground that the plaintiffs lacked standing. The record establishes that the plaintiffs failed to sufficiently demonstrate that they "sustained special damage, different in kind and degree from the community generally" as a result of the determinations (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 N.Y.2d 406...

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