DOWD v. PLANNING BOARD

Ordered that the appeals are dismissed as academic, without costs or disbursements.

The petitioners did not seek injunctive relief until 10 months after the date of the order and judgment granting the motion of the Planning Board of the Village of Millbrook (hereinafter the Planning Board) to dismiss this CPLR article 78 proceeding pursuant to CPLR 3211 (a) (5) as time-barred, and dismissing this proceeding challenging the Planning Board's grant of preliminary subdivision approval. During those 10 months, final approval was given for the subdivision, and since that time, the subject project has been substantially completed. Specifically, it is undisputed that the existing home on one of the lots was renovated and sold, that the applicants obtained all the building permits necessary to construct homes on the three other subject lots, and that construction of those homes is well under way, at considerable cost to the applicants.

The appellants failed to timely do all that they could to safeguard their interests, and we thus dismiss the appeals as academic ( see Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165; Matter of Hudson Val. Nursery v Planning Bd. of Town of Orangetown, 306 AD2d 283; cf. Matter of E J Sylcox Realty, Inc. v Town of Newburgh Planning Bd., 12 AD3d 445).