Opinion
January 15, 1998
Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).
The subject of this proceeding is a group of once-vacant lots in Harlem and the Lower East Side on which groups of residents have planted gardens. We agree with the IAS Court that petitioner-appellant, having no "legally cognizable injury", is without standing to bring this action ( Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 777). Petitioner's members occupy the lots either without any enforceable license or permission ( see, Matter of Lee v. New York City Dept. of Hous. Preservation Dev., 212 A.D.2d 453, 454, lv dismissed and denied 85 N.Y.2d 1029), or pursuant to a license that was terminated ( see, P A Bros. v. City of N.Y. Dept. of Parks Recreation, 184 A.D.2d 267, 269). Since petitioner lacks standing, we do not reach its substantive arguments. Were we to reach them, we would find that the municipal respondent agency's determination that the action is Type II has a rational basis ( see, Matter of We Stay/Nos Quedamos Comm. v. New York City Dept. of Citywide Admin. Servs., 240 A.D.2d 302).
Concur — Sullivan, J.P., Ellerin, Andrias and Colabella, JJ.