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DREIKAUSEN v. ZONING BD.

98 N.Y.2d 165 (2002)

774 N.E.2d 193

746 N.Y.S.2d 429

In the Matter of MARGRET DREIKAUSEN et al., Appellants, v. ZONING BOARD OF APPEALS OF THE CITY OF LONG BEACH et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 2002.

Attorney(s) appearing for the Case

Charles S. Kovit, Hewlett, for appellants.

William G. Holst, Corporation Counsel, Long Beach (Corey E. Klein and Noreen O. Costello of counsel), for Zoning Board of Appeals of City of Long Beach, respondent.

Zapson & Galanter, New York City (Michael G. Zapson of counsel), for Bay Club of Long Beach, Inc., respondent.

Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock, Lisa M. Burianek, John J. Sipos, Joseph Perretta and Denise A. Hartman of counsel), for State of New York, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

As this zoning dispute has made its way through the courts to us, the question has become one of mootness. We now dismiss the appeal as moot.

The case centers on a 56,000 square foot commercially zoned waterfront property located on Reynolds Channel in Long Beach.1 The site was used as a marina, which after decades of financial difficulty...

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