MATTER OF CITINEIGHBORS COALITION OF HISTORIC CARNEGIE HILL


2 N.Y.3d 727 (2004)

811 N.E.2d 2

778 N.Y.S.2d 740

In the Matter of CITINEIGHBORS COALITION OF HISTORIC CARNEGIE HILL, by JURATE KAZICKAS et al., as Cochairs, et al., Appellants, v. NEW YORK CITY LANDMARKS PRESERVATION COMMISSION et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 2004.


Attorney(s) appearing for the Case

Nixon Peabody LLP, New York City (Roger R. Crane, Jr. and Erika J. Duthiers of counsel), for appellants.

Bryan Cave LLP, New York City (Robert S. Davis, Judith M. Gallent and Inger K. Hultgren of counsel), for Tamarkin Co. and another, respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Dona B. Morris, Francis F. Caputo, Mark A. Silberman and Dana H. Biberman of counsel), for New York City Landmarks Preservation Commission and another, respondents.

Kramer Levin Naftalis & Frankel, LLP, New York City (Jeffrey L. Braun, Michael T. Sillerman and Richard G. Leland of counsel), for Real Estate Board of New York, Inc., amicus curiae.

Christopher Rizzo and Dorothy M. Miner, New York City, for Preservation League of New York State and others, amici curiae.

Jack L. Lester, New York City, for Carnegie Hill Neighbors, Inc., amicus curiae.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.


OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed, with costs, as moot.

On June 10, 2002, the New York City Landmarks Preservation Commission issued a certificate of appropriateness (COA) approving a proposal for 47 East 91st Street, LLC, the property owner, and Tamarkin Co., a real estate developer, to construct an eight-story building with a one-story penthouse atop an existing one-story building located on the northeast corner of...

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