Opinion
June 29, 1998
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the appeal from the order dated September 24, 1997, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the judgment and the order dated June 5, 1997, are affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
Since the petitioner failed to join a necessary party to the proceeding, the court properly dismissed the petition ( see, CPLR 1001 [a]; cf., Matter of Baker v. Town of Roxbury, 220 A.D.2d 961; Matter of Llana v. Town of Pittstown, 234 A.D.2d 881, 884).
The petitioner's remaining contentions lack merit ( see, Buran v. Coupal, 87 N.Y.2d 173; Vanderburg v. Brodman, 231 A.D.2d 146).
Miller, J. P., Thompson, Joy and Florio, JJ., concur.