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In the Matter of SAVE OUR-OPEN SPACE et al., Appellants, v. PLANNING BOARD OF THE VILLAGE OF SOUTH NYACK et al., Respondents.

Ordered that the judgment is affirmed, with costs.

Since the petitioners failed to join the landowner, a necessary party to the proceeding, the court properly dismissed the proceeding ( see, CPLR 1001 [a]; Matter of Kam Hampton I Realty Corp. v. Zagata, 251 A.D.2d 665; Matter of Baker v. Town of Roxbury, 220 A.D.2d 961, 963; see also, Matter of Llana v. Town of Pittstown, 234 A.D.2d 881, 884).

The petitioners' remaining contentions are without merit.

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.

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MATTER OF SAVE OUR-OPEN SPACE v. PLANNING BD
(Dec 28, 1998)