IN THE MATTER OF CYBUL v. VILLAGE OF SCARSDALE

Ordered that the order and judgment is affirmed, with costs.

A party whose interest may be adversely affected by a potential judgment must be made a party in a CPLR article 78 proceeding ( see CPLR 1001 [a]; Matter of Martin v. Ronan, 47 NY2d 486; Matter of Lodge v. D'Aliso, 2 AD3d 525). The Supreme Court properly, in effect, dismissed the proceeding for failure to timely join the landowner as a necessary party ( see Matter of East Bayside Homeowners Assn., Inc. v. Chin, 12 AD3d 370, lv denied 4 NY3d 704; Matter of Ferruggia v. Zoning Bd. of Appeals of Town of Warwick, 5 AD3d 682; Matter of Long Is. Pine Barrens Socy. v. Town of Islip, 286 AD2d 683; Matter of Karmel v. White Plains Common Council, 284 AD2d 464, 465). The petitioners' failure to adequately explain why they did not name the landowner as a party in the first instance despite being aware of its identity precludes them from proceeding in the landowner's absence ( see CPLR 1001 [b]; Matter of East Bayside Homeowners Assn., Inc. v. Chin, supra; Matter of Lodge v. D'Aliso, supra).

In light of our determination, we need not reach the parties' remaining contentions.