Citizens Emergency Comm. to Preserve Pres. v. Tierney, 70 A.D.3d 576 (N.Y. App. Div. 1st Dep't 2010). · Go Syfert
Citizens Emergency Comm. to Preserve Pres. v. Tierney, 70 A.D.3d 576 (N.Y. App. Div. 1st Dep't 2010). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Cited for
At page 576 Establishing standing requires showing distinct injury to members9 citing casesfinding that “interest” and “injury” are not synonymous for the purposes of conferring standing1 citing court put it this way · 7 listed here
  • Preserve Pine Plains v. Town of Pine Plains Plan. Bd., 2024 NY Slip Op 50696(U) (N.Y. Sup. Ct., Putnam Cty. 2024).unpublished
    "Interest and injury are not synonymous" ( Matter of Citizens Emergency Comm. to Preserve Preserv. v Tierney , 70 AD3d 576, 576 [1st Dept 2010], lv denied 15 NY3d 710 [2010] [internal quotation marks omitted]).
  • Matter of Friends of the Shawangunks v. Town of Gardiner Plan. Bd., 2024 NY Slip Op 00478 (N.Y. App. Div. 3d Dep't 2024).published
    Like the other member, "[f]urther development within the SP-2 zone would cause [her] a great deal of personal pain due to the time and energy [she has] invested in fighting to preserve" the ridge. " '[I]nterest' and 'injury' are not synony…
  • Matter of Brennan Ctr. for Just. At NYU Sch. of Law v. New York State Bd. of Elections, 2018 NY Slip Op 2228 (N.Y. App. Div. 3d Dep't 2018).published
    Its assertion that the LLC Loophole harms its staff contributors and volunteers by limiting their candidate choices and unduly influencing their political representatives does not allege harm that differs from that suffered by the general…
  • Niagara Pres. Coalition, Inc. v. New York Power Auth., 121 A.D.3d 1507 (N.Y. App. Div. 4th Dep't 2014).published 2 cites
    A general — or even special — interest in the subject matter is insufficient to confer standing, absent an injury distinct from the public in the particular circumstances of the case” (Matter of Citizens Emergency Comm. to Preserve Preserv…
  • Clean Water Advocates of New York, Inc. v. New York State Dep't of Env't Conservation, 103 A.D.3d 1006 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    As these generalized allegations do not demonstrate an injury distinct from the general public in the area, they are insufficient to confer standing (see Matter of Citizens Emergency Comm. to Preserve Preserv. v Tierney, 70 AD3d 576, 576-5…
  • Allison v. New York City Landmarks Pres. Comm'n, 35 Misc. 3d 500 (N.Y. Sup. Ct. 2011).published
    Bldgs. v Greene County Legislature, 293 AD2d 907, 909 [3d Dept 2002].) Since Matter of Save the Pine Bush, Inc. v Common Council of City of Albany ( 13 NY3d 297 [2009]), its standards have been employed to assess standing specifically unde…
  • Reisner v. Catone, 33 Misc. 3d 659 (N.Y. Sup. Ct. 2011).published
    (finding that “interest” and “injury” are not synonymous for the purposes of conferring standing)
At page 577 cited at this page3 citing cases
  • Matter of Vaughan v. New York State Dept. of Transp., 2024 NY Slip Op 00106 (N.Y. App. Div. 3d Dep't 2024).published
    As noted by Supreme Court, the Schneekloth affidavit is essentially a recapitulation of the standing argument petitioner advanced in his papers opposing respondents' motion to dismiss and does not change the standing analysis ( see Matter…
  • Matter of Tribeca Trust, Inc. v. City of New York, 2019 NY Slip Op 1715 (N.Y. App. Div. 1st Dep't 2019).published
    The court correctly dismissed the petition to compel the adoption of written procedures for the review and calendaring of RFEs on the ground that "there is no statutory requirement that the Commission adhere to a particular procedure in de…
  • Williamsburg Indep. People, Inc. v. Tierney, 91 A.D.3d 538 (N.Y. App. Div. 1st Dep't 2012).published
    The court properly dismissed the petition seeking to compel respondent to present petitioner’s Request For Evaluation (RFE), since “there is no statutory requirement that [respondent] adhere to a particular procedure in determining whether…
Retrieving the full opinion text from the archive…
In the Matter of Citizens Emergency Committee to Preserve Preservation
v.
Robert B. Tierney, Chair of the New York City Landmarks Preservation Commission
Appellate Division of the Supreme Court of the State of New York.
Feb 25, 2010.
Published opinion
70 A.D.3d 576
Cited by 14 opinions  |  Published

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered November 21, 2008, which granted the petition challenging respondents’ failure to take any action on certain requests for landmark designation and directed the promulgation of new procedures for expediting such requests, unanimously reversed, on the law, without costs, the petition denied and this CPLR article 78 proceeding dismissed.

To establish standing, an association or organization such as petitioner “must show that at least one of its members would have standing to sue” (New York State Assn. of Nurse Anesthetists v Novello, 2 NY3d 207, 211 [2004]). In other words, petitioner must show that one or more of its members—as distinct from the general public—has suffered an injury in fact, and must demonstrate that the injury falls within the zone of interests protected by the legal authority being invoked (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 771-774 [1991]). In environmental or preservation matters, standing may be established by proof that agency action will directly harm the petitioner’s members in their use or enjoyment of the natural resources or area in question (see Matter of Save the Pine Bush, Inc. v Common Council of City of Albany, 13 NY3d 297 [2009]; Matter of Committee to Preserve Brighton Beach & Manhattan Beach v Planning Commn. of City of N.Y., 259 AD2d 26, 32 [1999]).

Petitioner failed to demonstrate standing to sue. While the petition alleges that its members are dedicated to preservation, “interest” and “injury” are not synonymous (see Matter of New York State Psychiatric Assn., Inc. v Mills, 29 AD3d 1058, 1059 [2006], lv denied 7 NY3d 708 [2006]). A general—or even special—interest in the subject matter is insufficient to confer standing, absent an injury distinct from the public in the particular circumstances of the case (see Save the Pine Bush, 13 NY3d at 305-306; Matter of Heritage Coalition v City of Ithaca Planning & Dev. Bd., 228 AD2d 862, 864 [1996], lv denied 88 NY2d[*577] 809 [1996]). The petition does not allege that petitioner’s members have been affected differently from any other members of the public. To the contrary, it alleges that petitioner’s members and members of the public are similarly affected by the Commission’s action.

Even were we to find that petitioner has standing, the court erred in granting mandamus, as there is no statutory requirement that the Commission adhere to a particular procedure in determining whether to consider a property for designation (see New York Civ. Liberties Union v State of New York, 4 NY3d 175, 184 [2005]; Saslow v Cephas, 198 AD2d 53 [1993], lv denied 83 NY2d 757 [1994]). Indeed, the Commission’s regulations on “Calendaring” provide that the Commission “may, upon the adoption of a motion, calendar an item to be considered for landmark designation” (63 RCNY 1-02 [emphasis added]). We have previously rejected claims similar to that made here, recognizing the Commission’s broad discretion in controlling its calendar without the necessity of creating a public record in that respect (see Matter of Landmark West! v Burden, 15 AD3d 308, 309 [2005], lv denied 5 NY3d 713 [2005]). Contrary to Supreme Court’s finding, respondents have articulated reasonable bases for the Commission’s handling of the specific properties and districts cited in the petition, with an explanation for delays in the designation process. Accordingly, the court erred in holding the Commission’s conduct arbitrary and capricious with respect to five of the properties (see generally Matter of Teachers Ins. & Annuity Assn. of Am. v City of New York, 82 NY2d 35, 44 [1993]). Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Abdus-Salaam, JJ.