MATTER OF HAMPTON I RLTY. CORP. v. ZAGATA

Ordered that the appeal from the order dated September 24, 1997, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the judgment and the order dated June 5, 1997, are affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

Since the petitioner failed to join a necessary party to the proceeding, the court properly dismissed the petition ( see, CPLR 1001 [a]; cf., Matter of Baker v. Town of Roxbury, 220 A.D.2d 961; Matter of Llana v. Town of Pittstown, 234 A.D.2d 881, 884).

The petitioner's remaining contentions lack merit ( see, Buran v. Coupal, 87 N.Y.2d 173; Vanderburg v. Brodman, 231 A.D.2d 146).

Miller, J. P., Thompson, Joy and Florio, JJ., concur.