BOARD OF EDUCATION OF MAMARONECK UNION FREE SCHOOL DISTRICT v. ATTORNEY GENERAL OF STATE OF NEW YORK


25 A.D.3d 637 (2006)

811 N.Y.S.2d 685

BOARD OF EDUCATION OF MAMARONECK UNION FREE SCHOOL DISTRICT, Appellant, v. ATTORNEY GENERAL OF STATE OF NEW YORK, Respondent. (Matter No. 1.) In the Matter of RICHARD CANTOR, Respondent, v. MAMARONECK UNION FREE SCHOOL DISTRICT et al., Appellants. (Matter No. 2.)

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

January 24, 2006.


Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, the petition is denied, the proceeding is dismissed, the motion is granted, and it is declared that the proposed use and reconfiguration of the subject property does not violate the restrictive covenant.

The Supreme Court erred in determining that the petitioner, Richard Cantor, had standing to enforce the restrictive covenant contained in deeds executed by his grandparents...

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