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COMM. v. PLANNING COMMN.

259 A.D.2d 26 (1999)

695 N.Y.S.2d 7

In the Matter of COMMITTEE TO PRESERVE BRIGHTON BEACH AND MANHATTAN BEACH, INC., et al., Appellants, v. PLANNING COMMISSION OF THE CITY OF NEW YORK et al., Respondents.

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

August 12, 1999.

Attorney(s) appearing for the Case

Richard A. Lingg of counsel (Margaret Murphy and Edgar P. Coral on the brief; Shearman & Sterling, attorneys), for appellants.

Ellen Ravitch of counsel (Stephen J. McGrath and Christopher King on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondents.

Michael B. Gerrard of counsel (Alice R. Thomas and Holly M. Leicht on the brief; Arnold & Porter, and Gerald A. Rosenberg, attorneys), on behalf of Municipal Art Society of New York, Inc. and another, amici curiae.

SULLIVAN, J. P., WILLIAMS, WALLACH and RUBIN, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

The threshold question on this appeal is whether individuals living in close proximity to a public park, and an organization dedicated to preserving and improving the neighborhood, have standing to challenge a City agency's grant of a concession for the construction and operation of a privately owned recreational center, based on their claims that the concession will interfere with their use, enjoyment and scenic views...

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