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27TH ST. v. DORMITORY AUTH.

302 A.D.2d 155 (2002)

752 N.Y.S.2d 277

In the Matter of 27TH STREET BLOCK ASSOCIATION et al., Appellants, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK et al., Respondents.

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

December 3, 2002.

Attorney(s) appearing for the Case

Charles Palella of counsel (Phyllis Weisberg and Emily Simons on the brief; Kurzman Karelsen & Frank, LLP, attorneys), for appellants.

Philip E. Karmel of counsel (Robert S. Davis and Margery Perlmutter on the brief; Bryan Cave LLP, attorneys), for Dormitory Authority of the State of New York, respondent.

Kristin M. Helmers of counsel (Leonard Koerner and Gail C. Saunders on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for New York City Department of Transportation, respondent.

WILLIAMS, P.J., MAZZARELLI, ROSENBERGER and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Petitioners, consisting of a community organization, individual residents and commercial establishments located on West 27th Street between 7th and 8th Avenues in Manhattan adjacent to the Fashion Institute of Technology (FIT), a community college of the State University of New York system, appeal from the dismissal of their CPLR article 78 petition on the ground of failure to join a necessary party, FIT, and the denial...

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