SPOSATO v. VILLAGE OF PELHAM

ORDERED that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint pursuant to CPLR 321 1(a)(7) since the granting of a building permit "is a discretionary determination and the actions of the government in such instances are immune from lawsuits" (City of New York v. 17 Vista Assocs., 84 N.Y.2d 299, 307; see, Rottkamp v. Young, 15 N.Y.2d 831, affg 21 A.D.2d 373; Dinerman v. Poehlman, 237 A.D.2d 483; Ilson v. Incorporated Vil. of Ocean Beach, 79 A.D.2d 697). There was no special relationship between the plaintiff and the municipality (see, Rickson v. Town of Schuyler Falls, 263 A.D.2d 863; Lauer v. City of New York, 258 A.D.2d 92, revd on other grounds 95 N.Y.2d 95; Greifenberger v. Pav, 225 A.D.2d 731).