Dorsett-Felicelli, Inc. v. Cnty. of Clinton, 18 A.D.3d 1064 (N.Y. App. Div. 2005). · Go Syfert
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Dorsett-Felicelli, Inc. v. Cnty. of Clinton, 18 A.D.3d 1064 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …classrooms or other facilities used by students are found to have electrically operated partitions at p. 1065 ⚠ not in text
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Finger Lakes Racing Ass'n v. New York State Gaming Facility Location Board (nysupct, 2015-08-07)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Finger Lakes Racing Ass'n v. New York State Gaming Facility Location Board
N.Y. Sup. Ct. · 2015 · confidence medium
Moreover, “ ‘Competitive injury, in and of itself, does not confer standing upon a petitioner unless such injury falls within the zone of interest of the controlling statute’ ” (Matter of Dorsett-Felicelli, Inc. v County of Clinton, 18 AD3d 1064, 1065 [3d Dept 2005], lv denied 5 NY3d 716 [2005], quoting Matter of C.L.B.
discussed Cited as authority (rule) Gym Door Repairs, Inc. v. New York City Department of Education
N.Y. App. Div. · 2013 · confidence medium
Nor have petitioners otherwise established this second element of standing (see Matter of Dorsett-Felicelli, Inc. v County of Clinton, 18 AD3d 1064, 1065 [2005], lv denied 5 NY3d 716 [2005]; Matter of New York Propane Gas Assn. v New York State Dept. of State, 17 AD3d 915, 918 [2005]).
discussed Cited as authority (rule) Gym Door Repairs, Inc. v. New York City Department of Education
N.Y. App. Div. · 2013 · confidence medium
Nor have petitioners otherwise established this second element of standing (see Matter of Dorsett-Felicelli, Inc. v County of Clinton, 18 AD3d 1064, 1065 [2005], lv denied 5 NY3d 716 [2005]; Matter of New York Propane Gas Assn. v New York State Dept. of State, 17 AD3d 915, 918 [2005]).
discussed Cited "see" Brennan Center for Justice v. New York State Board of Elections
N.Y. Sup. Ct. · 2016 · signal: see · confidence high
Check Cashing v McCaul, 5 AD3d 593, 593-594 [2d Dept 2004]; see Matter of Dorsett-Felicelli, Inc. v County of Clinton, 18 AD3d 1064 [3d Dept 2005], lv denied 5 NY3d 716 [2005]; see also Nurse Anesthetists, 2 NY3d at 211 ; Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 11 [1975]).
discussed Cited "see, e.g." Matter of New York Taxi Workers Alliance v. New York City Taxi & Limousine Commission (2×)
N.Y. App. Div. · 2025 · signal: see also · confidence medium
As the Third Department stated, "[w]hile a competitive injury may in some instances be sufficient to confer standing, the critical showing is that such an injury falls within the zone of interest of the controlling statute" ( Matter of Troy Ambulance Serv. v New York State Dept. of Health , 260 AD2d 715, 716 [3d Dept 1999], citing Dairylea Coop. , 38 NY2d at 9 ; see also Matter of Dorsett-Felicelli, Inc. v County of Clinton , 18 AD3d 1064, 1065 [3d Dept 2005], lv denied 5 NY3d 716 [2005]; Matter of C.L.B.
Retrieving the full opinion text from the archive…
In the Matter of Dorsett-Felicelli, Inc., Doing Business as Pyramids
v.
County of Clinton
Appellate Division of the Supreme Court of the State of New York.
May 19, 2005.
18 A.D.3d 1064
2005 N.Y. App. Div. LEXIS 5399
Kane.
Cited by 5 opinions  |  Published
Kane, J.

Appeal from a judgment of the Supreme Court (McGill, J.), entered November 3, 2004 in Clinton County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner provides early intervention and preschool services[*1065] to qualified children with developmental delays and disabilities. Since 1994, respondent County of Clinton has contracted with petitioner to provide such services to children referred to it by respondent Clinton County Department of Public Health. In January 2004, three of petitioner’s employees resigned, formed their own early intervention and preschool services company and contracted with the County to provide services to referred children. Petitioner was subsequently notified that the caseload of the former employees was being transferred to the new company at the request of the children’s parents. Thereafter, petitioner commenced this CPLR article 78 proceeding alleging that respondents had colluded with petitioner’s former employees to deprive it of business in retaliation for complaints that petitioner had made to the County. Petitioner sought, among other things, an order compelling the Department of Public Health to provide petitioner with the right of first refusal of all future referrals. Supreme Court dismissed the petition, finding that petitioner lacked standing to commence this proceeding. Petitioner now appeals.

“Competitive injury, in and of itself, does not confer standing upon a petitioner unless such injury falls within the zone of interest of the controlling statute” (Matter of C.L.B. Check Cashing v McCaul, 5 AD3d 593, 593 [2004] [citations omitted]; see New York State Assn. of Nurse Anesthetists v Novello, 2 NY3d 207, 211 [2004]). In the instant case, the statutes and regulations related to the authorization and implementation of the state’s early intervention and preschool services programs neither address nor protect the interests of service providers such as petitioner but, rather, those of the affected children and their families (see e.g. Public Health Law art 25, tit II-A; Education Law § 4410; 10 NYCRR part 69-4). Since petitioner primarily seeks to protect its own financial interest, which is not an interest protected by the applicable statutes and regulations, the petition was properly dismissed (see Matter of C.L.B. Check Cashing v McCaul, supra at 593-594; Matter of Troy Ambulance Serv. v New York State Dept. of Health, 260 AD2d 715, 716 [1999]; Matter of Lasalle Ambulance v New York State Dept. of Health, 245 AD2d 724, 725, [1997], lv denied 91 NY2d 810 [1998]).

Cardona, P.J., Mercure, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.