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MATTER OF BAYCHESTER RETAIL III, LLC v. CITY OF NEW YORK

Index No. 151514/20. Appeal No. 15102. Case No. 2020-04303.

201 A.D.3d 512 (2022)

157 N.Y.S.3d 364

2022 NY Slip Op 00265

In the Matter of Baychester Retail III, LLC, Respondent, v. City of New York et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 18, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana, Corporation Counsel, New York (Mackenzie Fillow of counsel), for appellants.

Cyrulnik Fattaruso LLP, New York (Jason Cyrulnik of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

Petitioner's claims are barred by the doctrine of ripeness. The Department of Buildings letter to petitioner, which indicated that it intended to revoke certain approvals, permits and signoffs unless petitioner demonstrated that they should not be revoked, did not constitute a final and binding agency determination which inflicted actual, concrete injury on petitioner (see Matter of Clair v City of New York, 144 A.D.3d 98, 108 [1st...

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