Citineighbors Coalition of Historic Carnegie Hill v. New York City Landmarks Pres. Comm'n, 811 N.E.2d 2 (NY 2004). · Go Syfert
Citineighbors Coalition of Historic Carnegie Hill v. New York City Landmarks Pres. Comm'n, 811 N.E.2d 2 (NY 2004). Cases Citing This Book View Copy Cite
150 citation events (150 in the last 25 years) across 7 distinct courts.
Strongest positive: Matter of Fruehauf & Chateau Homeowners for A Clean Envt., Inc. v. Town of Amherst (nyappdiv, 2025-07-25)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Fruehauf & Chateau Homeowners for A Clean Envt., Inc. v. Town of Amherst
N.Y. App. Div. · 2025 · confidence medium
Commn. , 2 NY3d 727, 728-729 [2004]; see Matter of Sierra Club v New York State Dept. of Envtl.
cited Cited as authority (rule) Patterson v. State of New York
N.Y. App. Div. · 2025 · confidence medium
Commn. , 2 NY3d 727, 729 [2004]).
cited Cited as authority (rule) Matter of Kern v. Adirondack Park Agency
N.Y. App. Div. · 2024 · confidence medium
Commn., 2 NY3d 727, 729 [2004] [internal quotation marks and citation omitted]).
examined Cited as authority (rule) Matter of League of Women Voters of Buffalo/Niagara, Inc. v. Erie Canal Harbor Dev. Corp. (3×) also: Cited "see"
N.Y. App. Div. · 2023 · confidence medium
Commn. , 2 NY3d 727, 728 [2004]).
cited Cited as authority (rule) Matter of ENP Assoc., LP v. City of Ithaca Bd. of Zoning Appeals
N.Y. App. Div. · 2023 · confidence medium
Commn. , 2 NY3d 727, 729 [2004]; Matter of Kowalczyk v Town of Amsterdam Zoning Bd. of Appeals , 95 AD3d 1475 , 1477 [3d Dept 2012]).
cited Cited as authority (rule) Matter of 315 Ship Canal Parkway, LLC v. Buffalo Urban Dev. Corp.
N.Y. App. Div. · 2022 · confidence medium
Commn. , 2 NY3d 727, 728-729 [2004]; Matter of Sierra Club v New York State Dept. of Envtl.
cited Cited as authority (rule) Matter of Kopald v. New York Pub. Serv. Commn.
N.Y. App. Div. · 2022 · confidence medium
Commn. , 2 NY3d 727, 729 [2004]).
cited Cited as authority (rule) Matter of Bothar Constr., LLC v. Dominguez
N.Y. App. Div. · 2022 · confidence medium
Commn. , 2 NY3d 727, 729 [2004]; Matter of Sierra Club v New York State Dept. of Envtl.
discussed Cited as authority (rule) Matter of Committee for Environmentally Sound Dev. v. Amsterdam Ave. Redevelopment Assoc. LLC (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2021 · confidence medium
Commn. , 2 NY3d 727, 729 [2004]).
cited Cited as authority (rule) Matter of Michels Corp. v. Port Auth. of N.Y. & N.J.
N.Y. App. Div. · 2020 · confidence medium
Commn. , 2 NY3d 727, 730 [2004]; Matter of Hearst Corp. v Clyne , 50 NY2d 707, 714-15 [1980]).
cited Cited as authority (rule) 5055 Northern Boulevard LLC v. The Incorporated Village of Old Brookville
E.D.N.Y · 2020 · confidence medium
Landmarks Preservation Comm’n, 778 N.Y.S.2d 740, 742 (N.Y. 2004).
discussed Cited as authority (rule) Matter of City of Ithaca v. New York State Dept. of Envtl. Conservation (2×)
N.Y. App. Div. · 2020 · confidence medium
Commn. , 2 NY3d 727, 728-729 [2004]).
cited Cited as authority (rule) Matter of Micklas v. Town of Halfmoon Planning Bd.
N.Y. App. Div. · 2019 · confidence medium
Commn. , 2 NY3d 727, 729 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach , 98 NY2d 165, 172-173 [2002]).
discussed Cited as authority (rule) Matter of Sierra Club v. New York State Dept. of Envtl. Conservation (2×) also: Cited "see"
N.Y. App. Div. · 2019 · confidence medium
Commn ., 2 NY3d 727, 728 [2004]).
cited Cited as authority (rule) Matter of Campaign for Buffalo History Architecture & Culture, Inc. v. City of Buffalo
N.Y. App. Div. · 2018 · confidence medium
Commn ., 2 NY3d 727, 730 [2004]; see generally Hearst Corp. , 50 NY2d at 714-715 ).
discussed Cited as authority (rule) PSEG Long Island, LLC Ex Rel. Long Island Lighting Co. v. Town of East Hampton (2×)
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 729 [2004] [citation omitted], quoting Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d at 172-173 ).
discussed Cited as authority (rule) Matter of Chang v. Maliq M.
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004], quoting Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]; see Matter of Olga L.M.A. v Ronald A.B.M., 135 AD3d 741 [2016]).
cited Cited as authority (rule) Matter of Town of Mt. Pleasant v. Delaney
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]).
cited Cited as authority (rule) Lunar Pursuit, LLC v. Frame
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004] [internal quotation marks and citation omitted]).
cited Cited as authority (rule) Lunar Pursuit, LLC v. Frame
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004] [internal quotation marks and citation omitted]).
cited Cited as authority (rule) Lunar Pursuit, LLC v. Frame
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004] [internal quotation marks and citation omitted]).
cited Cited as authority (rule) Matter of Pyne v. Incorporated Vil. of Southampton Bd. of Historic Preserv. & Architectural Review
N.Y. App. Div. · 2017 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 174 [2002]; Matter of Hearst Corp. v Clyne, 50 NY2d 707, 715 [1980]).
examined Cited as authority (rule) Matter of Bruenn v. Town Bd. of Town of Kent (3×)
N.Y. App. Div. · 2016 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004], quoting Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]).
cited Cited as authority (rule) People v. Shim
N.Y. App. Div. · 2016 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004], quoting Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]).
cited Cited as authority (rule) Caraballo v. Art Students League of N.Y.
N.Y. App. Div. · 2016 · confidence medium
Commn., 2 NY3d 727, 729 [2004]).
cited Cited as authority (rule) Town of North Elba v. Grimditch
N.Y. App. Div. · 2015 · confidence medium
Commn., 2 NY3d 727, 729 [2004]; Matter of Kowalczyk v Town of Amsterdam Zoning Bd. of Appeals, 95 AD3d 1475 , 1477 [2012]).
discussed Cited as authority (rule) Citizens For St. Patrick's v. City of Watervliet City Council
N.Y. App. Div. · 2015 · confidence medium
Commn., 2 NY3d 727, 729 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172-173 [2002]; Matter of Kowalczyk v Town of Amsterdam Zoning Bd. of Appeals, 95 AD3d 1475, 1477 [2012]; Matter of Stockdale v Hughes, 189 AD2d 1065, 1068 [1993]). 3 Moreover, the rezoning determination has been superseded by the City’s September 2013 adoption of a new zoning code in which Nigro’s use of the parcel is permitted as a *1161 right, and plaintiffs have not raised any challenge to that code (see Matter of Orsi v Board of Appeals of Town of Bethlehem, 3 AD3d 698, 701…
discussed Cited as authority (rule) Yeshiva Gedolah Academy v. City of Long Beach
N.Y. App. Div. · 2014 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004] [internal quotation marks omitted]; see Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 173 [2002]; Matter of Raab v Silverstein, 106 AD3d 746 [2013]; Matter of Papert v Zoning Bd. of Appeals of the Inc. Vil. of Quogue, 98 AD3d 581 , 582-583 [2012]; Matter of Kowalczyk v Town of Amsterdam Zoning Bd. of Appeals, 95 AD3d 1475 , 1477 [2012]).
discussed Cited as authority (rule) Yeshiva Gedolah Academy v. City of Long Beach
N.Y. App. Div. · 2014 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004] [internal quotation marks omitted]; see Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 173 [2002]; Matter of Raab v Silverstein, 106 AD3d 746 [2013]; Matter of Papert v Zoning Bd. of Appeals of the Inc. Vil. of Quogue, 98 AD3d 581 , 582-583 [2012]; Matter of Kowalczyk v Town of Amsterdam Zoning Bd. of Appeals, 95 AD3d 1475 , 1477 [2012]).
cited Cited as authority (rule) Hidalgo v. 4-34-68, Inc.
N.Y. App. Div. · 2014 · confidence medium
Commn., 2 NY3d 727, 729 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]).
cited Cited as authority (rule) Hidalgo v. 4-34-68, Inc.
N.Y. App. Div. · 2014 · confidence medium
Commn., 2 NY3d 727, 729 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]).
cited Cited as authority (rule) 530 West 28th Street LP v. RN Realty, L.L.C.
N.Y. App. Div. · 2013 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]).
cited Cited as authority (rule) 530 West 28th Street LP v. RN Realty, L.L.C.
N.Y. App. Div. · 2013 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]).
cited Cited as authority (rule) Village of Chestnut Ridge v. Town of Ramapo
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 730 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 174 [2002]).
cited Cited as authority (rule) Village of Chestnut Ridge v. Town of Ramapo
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 730 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 174 [2002]).
discussed Cited as authority (rule) Papert v. Zoning Board of Appeals of the Incorporated Village of Quogue
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 729-730 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 173-174 [2002]; Matter of Sherman v Planning Bd. of Vil. of Scarsdale, 82 AD3d 899, 899-900 [2011]; Matter of Dowd v Planning Bd. of Vil. of Millbrook, 54 AD3d 339, 340 [2008]; Matter of Downes v Town of Southampton Zoning Bd. of Appeals, 15 AD3d 398, 399 [2005]; cf. Matter of Silvera v Town of Amenia Zoning Bd. of Appeals, 33 AD3d 706, 708 [2006]).
discussed Cited as authority (rule) Papert v. Zoning Board of Appeals of the Incorporated Village of Quogue
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 729-730 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 173-174 [2002]; Matter of Sherman v Planning Bd. of Vil. of Scarsdale, 82 AD3d 899, 899-900 [2011]; Matter of Dowd v Planning Bd. of Vil. of Millbrook, 54 AD3d 339, 340 [2008]; Matter of Downes v Town of Southampton Zoning Bd. of Appeals, 15 AD3d 398, 399 [2005]; cf. Matter of Silvera v Town of Amenia Zoning Bd. of Appeals, 33 AD3d 706, 708 [2006]).
cited Cited as authority (rule) Camardo v. City of Auburn
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]).
cited Cited as authority (rule) Camardo v. City of Auburn
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]).
discussed Cited as authority (rule) Weeks Woodlands Ass'n v. Dormitory Authority (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 729 [2004]).
cited Cited as authority (rule) Kowalczyk v. Town of Amsterdam Zoning Board of Appeals
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 729 [2004]).
cited Cited as authority (rule) Kowalczyk v. Town of Amsterdam Zoning Board of Appeals
N.Y. App. Div. · 2012 · confidence medium
Commn., 2 NY3d 727, 729 [2004]).
examined Cited as authority (rule) Allison v. New York City Landmarks Preservation Commission (5×)
N.Y. Sup. Ct. · 2011 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]; Bailey v Chernoff, 45 AD3d at 1115 ; Matter of Save The Pine Bush v New York State Dept. of Envtl.
examined Cited as authority (rule) Dever v. DeVito (3×)
N.Y. App. Div. · 2011 · confidence medium
Commn., 2 NY3d 727, 729 [2004]; see Matter of Wallkill Cemetery Assn., Inc. v Town of Wallkill Planning Bd., 73 AD3d 1189, 1191 [2010]; Matter of Mehta v Town of Montour Zoning Bd. of Appeals, 4 AD3d 657, 658 [2004]).
discussed Cited as authority (rule) Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth. (2×) also: Cited "see"
2d Cir. · 2011 · confidence medium
City Landmarks Pres. 3 Comm’n, 2 N.Y.3d 727, 729 (N.Y. 2004).
discussed Cited as authority (rule) Wilson & Wilson v. City Council (2×)
Cal. Ct. App. · 2011 · confidence medium
(James Luterbach Construction Co., Inc. v. Adamkus (7th Cir. 1986) 781 F.2d 599, 602 ; accord, Florida Wildlife Federation v. Goldschmidt (5th Cir. 1980) 611 F.2d 547, 549 [where construction activity sought to be enjoined had already substantially occurred, action was moot]; Zoning Bd. of Adjustment v. DeVilbiss (Colo. 1986) 729 P.2d 353, 360 [challenge to zoning board’s approval of height variance rendered moot by completion of construction of facility]; Rath v. City of Sutton (2004) 267 Neb. 265, 272-274 [ 673 N.W.2d 869, 879-881 ] [completion of waste-water treatment facility rendered ta…
cited Cited as authority (rule) Encore College Bookstores, Inc. v. City University
N.Y. App. Div. · 2010 · confidence medium
Commn., 2 NY3d 727, 729 [2004]).
discussed Cited as authority (rule) Molloy v. Fraser
N.Y. App. Div. · 2010 · confidence medium
Commn., 2 NY3d 727, 730 [2004]; Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 173 [2002]; Matter of Dowd v Planning Bd. of Vil. of Millbrook, 54 AD3d 339, 340 [2008]; Matter of Schaffer v Zoning Bd. of Appeals of Town/Vil. of Harrison, 22 AD3d 501, 501 [2005]; Matter of Group for S. Fork v Planning Bd. of Town of Southampton, 306 AD2d 281, 282 [2003]; Matter of Gorman v Town Bd. of Town of E.
cited Cited as authority (rule) Wallkill Cemetery Ass'n v. Town of Wallkill Planning Board
N.Y. App. Div. · 2010 · confidence medium
Commn., 2 NY3d 727, 728-730 [2004]; Matter of Imperial Improvements v Town of Wappinger Zoning Bd. of Appeals, 290 AD2d 507, 508 [2002]; Matter of Gorman v Town Bd. of Town of E.
cited Cited as authority (rule) Mirabile v. City of Saratoga Springs
N.Y. App. Div. · 2009 · confidence medium
Commn., 2 NY3d 727, 728-729 [2004]; Matter of Schupak o Zoning Bd. of Appeals of Town of Marbletown, 31 AD3d 1018 , 1019-1020 [2006], lo dismissed and denied 8 NY3d 842 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of Citineighbors Coalition of Historic Carnegie Hill, by Jurate Kazickas Et Al., as Cochairs, Et Al., Appellants,
v.
New York City Landmarks Preservation Commission Et Al., Respondents
New York Court of Appeals.
Mar 25, 2004.
811 N.E.2d 2
APPEARANCES OF COUNSEL, Nixon Peabody LLP, New York City (Roger R. Crane, Jr. and Erika J. Duthiers of counsel), for appellants., Bryan Cave LLP, New York City (Robert S. Davis, Judith M. Gallent and Inger K. Hultgren of counsel), for Tamarkin Co. and another, respondents., Michael A. Cardozo, Corporation Counsel, New York City (Dona B. Morris, Francis F. Caputo, Mark A. Silberman and Dana H. Biberman of counsel), for New York City Landmarks Preservation Commission and another, respondents., Kramer Levin Naftalis & Frankel, LLP, New York City (<Jeffrey L. Braun, Michael T Sillerman and Richard G. Leland of counsel), for Real Estate Board of New York, Inc., amicus curiae., Christopher Rizzo and Dorothy M. Miner, New York City, for Preservation League of New York State and others, amici curiae., Jack L. Lester, New York City, for Carnegie Hill Neighbors, Inc., amicus curiae.
Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur.
Cited by 75 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed, with costs, as moot.

On June 10, 2002, the New York City Landmarks Preservation Commission issued a certificate of appropriateness (COA) approving a proposal for 47 East 91st Street, LLC, the property owner, and Tamarkin Co., a real estate developer, to construct an eight-story building with a one-story penthouse atop an existing one-story building located on the northeast corner of Madison Avenue and East 91st Street, which is within the Carnegie Hill Historic District. The Commission issued the COA after a 2V2-year review as a consequence of which the property owner and developer twice scaled back their initial proposal. The total projected cost of the work approved by the COA was approximately $36.7 million.

On July 2, 2002, petitioners commenced this CPLR article 78 proceeding to annul the COA. They did not apply for a temporary restraining order or preliminary injunction to halt the highly visible construction work by then underway at the site. Petitioners argued, as relevant on this appeal, that the Commission’s issuance of a COA was a discretionary act requiring compliance with the environmental review procedures of the State Environmental Quality Review Act (SEQRA). On January 8, 2003, Supreme Court denied the petition and dismissed the proceeding, concluding that issuance of a COA is a ministerial act exempt from SEQRA. The Appellate Division subsequently affirmed (306 AD2d 113 [1st Dept 2003]), and we granted leave to appeal (100 NY2d 514 [2003]).

“Typically, the doctrine of mootness is invoked where a change in circumstances prevents a court from rendering a deci[*685] sion that would effectively determine an actual controversy” (Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach, 98 NY2d 165, 172 [2002]). Where the change in circumstances involves a construction project, we must consider how far the work has progressed towards completion. Because a “race to completion cannot be determinative,” however, other factors bear on mootness in this context as well. (Id.) “Chief among them has been a challenger’s failure to seek preliminary injunctive relief or otherwise preserve the status quo to prevent construction from commencing or continuing during the pendency of the litigation” (Dreikausen, 98 NY2d at 173). Also significant are whether work was undertaken without authority or in bad faith, and whether substantially completed work is “readily undone, without undue hardship” (id.). Further, we may elect to retain jurisdiction despite mootness if recurring novel or substantial issues are sufficiently evanescent to evade review otherwise.

This construction project is substantially complete. By July 31, 2003, after more than a year of construction, the building’s steel and concrete structure, including its supporting columns and floors, had been erected; the brick facade was 100% complete; and 90% of the window frames had been installed. The property owner and developer had already spent roughly $25.7 million. Further, we cannot say that the building’s top several stories may be readily demolished without undue hardship, a remedy that petitioners suggest remains available. As the property owner and developer point out, reducing the building’s height would inevitably alter the proportion, mass and details of a design that the Commission determined would fit in with the special architectural and historic character of the district.

Nor have the property owner and developer engaged in an unseemly race to completion intended to moot petitioners’ lawsuit. After obtaining the approvals necessary to commence construction—a time-consuming endeavor—the property owner and developer had every business incentive to complete the building as quickly as possible so as to profit from their investment and avoid paying interest on construction loans.

Importantly, petitioners did not try to enjoin construction during this litigation’s pendency, nonfeasance that they chalk up to “monetary constraints” and the unlikelihood of success. In short, petitioners simply assumed that Supreme Court would not grant them injunctive relief or, in the alternative, would[*686] require an undertaking in an amount more than they could or wanted to give. Under Dreikausen, however, petitioners were required, at a minimum, to seek an injunction in the circumstances presented here. Having pursued a strategy that foisted all financial risks (other than their own legal fees and related expenses) onto the property owner and the developer, petitioners may not expect us to overlook the substantial completion of this construction project.

Finally, the exception to the mootness doctrine does not apply because “[t]here is a realistic likelihood that the issues presented here will recur with an adequately developed record and with a timely opportunity for review” (.Matter of GoldGreenberger v Human Resources Admin, of City of N.Y., 77 NY2d 973, 974-975 [1991]). Specifically, those objecting to a COA on SEQRA grounds may safeguard their challenge against mootness by promptly requesting injunctive relief.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Appeal dismissed, with costs, in a memorandum.