Respondent Thomas J. Burke filed an application to change the zoning for a parcel of property in the City of Albany owned by respondent 41 Holland Avenue, LLC. Respondent Common Council of the City of Albany issued a negative declaration of environmental significance under the State Environmental Quality Review Act ( see ECL art 8), and passed an ordinance changing the zoning for the parcel. After petitioners commenced this CPLR article 78 proceeding, Supreme Court partially granted respondents `motions to dismiss the petition by determining that only certain petitioners had standing. Burke appealed. While this appeal was pending, the court entered a final judgment dismissing the petition. Petitioners appealed that judgment and the appeals were not consolidated.
We must dismiss this appeal because a party may not appeal a nonfinal order as of right in a CPLR article 78 proceeding and no permission to appeal has been granted ( see CPLR 5701 [b] [1]; Matter of Baker v Town of Roxbury, 220 AD2d 961, 963 [1995], lv denied 87 NY2d 807; Matter of Defreestville Area Neighborhood Assn., Inc. v Planning Bd. of Town of N. Greenbush, 16 AD3d 715, 719 n 3 [2005]).
Ordered that the appeal is dismissed, without costs.