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Grasso v. New York City Transit Authority

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 2, 2009

IN RE ANTHONY L. GRASSO, PETITIONER-APPELLANT,
v.
NEW YORK CITY TRANSIT AUTHORITY, ET AL., RESPONDENTS-RESPONDENTS.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 8, 2008, which granted respondents' motion to dismiss the petition, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Andrias, Friedman, Renwick, Freedman, JJ.

111840/08

Petitioner lacks standing to challenge respondents' determination to prohibit him from operating a crane on any of their projects or property. To establish standing, he was required to show, in addition to an "injury in fact," that the injury he asserts "fall[s] within the zone of interests or concerns sought to be promoted or protected by the statutory provision under which the agency has acted" (see New York State Assn. of Nurse Anesthetists v Novello, 2 NY3d 207, 211 [2004]). Petitioner failed to identify any statutory provision pursuant to which respondents acted in making their determination. Were we to reach the merits of petitioner's claim, we would find it without validity.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090602

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