Ordered that the order is affirmed, with costs.
"A justiciable controversy must involve a present, rather than hypothetical, contingent or remote, prejudice to the plaintiff ( Waterways Dev. Corp. v Lavalle, 28 AD3d 539, 540, citing American Ins. Assn. v Chu, 64 NY2d 379, 383, cert denied 474 US 803). "The dispute must be real, definite, substantial, and sufficiently matured so as to be ripe for judicial determination" ( Waterways Dev. Corp. v Lavalle, supra at 540).
Here, the record shows that the plaintiff did not apply for a certificate of occupancy for the single-family dwelling that it intends to build on the subject property, and that the defendant has not made a final determination denying the plaintiff a certificate of occupancy. Thus, this dispute is not ripe for judicial review, and there is no justiciable controversy upon which the court may properly render a declaratory judgment. Under these circumstances, the Supreme Court correctly granted the defendant's motion to dismiss the complaint ( see CPLR 3211 [a] [7]; Weingarten v Town of Lewisboro, 77 NY2d 926; Church of St. Paul St. Andrew v Barwick, 67 NY2d 510, cert denied 479 US 985; Waterways Dev. Corp. v Lavalle, supra at 540).