NY Appellate Court Holds that Petition was Moot Due to Building’s Removal

This post was authored by Amy Lavine, Esq.

Matter of 182 LA, LLC v Town of Brookhaven involved a petition seeking to review a determination made by the Town Board of the Town of Brookhaven that directed the removal of an unsafe building. The petitioner had acquired the premises on August 13, 2019, several months after the town board’s decision, and it sought to reopen the hearing and enjoin the town from removing the building. The petitioner’s request for a temporary restraining order was denied, however, and the town thereafter demolished the building on August 26, 2019. On appeal before the Appellate Division, Second Department, the court held that the proceeding was rendered moot by the removal of the building, since any determination in the proceeding would have no direct effect on the rights of the parties.  The court therefore found that the town’s motion to dismiss was properly granted.

Matter of 182 LA, LLC v Town of Brookhaven, 2023 NY Slip Op 02780 (2d Dept 5/24/23).