Opinion
May 26, 1998
Appeal from the the Supreme Court, Suffolk County (Cohalan, J.)
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court properly dismissed the complaint on the ground that the plaintiff's lacked standing. The record establishes that the plaintiff's failed to sufficiently demonstrate that they "sustained special damage, different in kind and degree from the community generally" as a result of the determinations ( Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, 69 N.Y.2d 406, 413; see, Matter of Mobil Oil Corp. v. Syracuse Indus. Dev. Agency, 76 N.Y.2d 428). The only potential injury suggested in the record is an increase in business competition, which is insufficient to qualify for standing ( see, Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, supra; Matter of Kemp v. Zoning Bd. of Appeals, 216 A.D.2d 466). Absent demonstration of some other injury, the plaintiff's lack standing to challenge the zoning change, regardless of their purported proximity to the property of FMV Smithtown Associates ( see, Matter of Kemp v. Zoning Bd. of Appeals, supra, at 467; Matter of McCabe v. Minicozzi, 227 A.D.2d 487).
Mangano, P. J., Rosenblatt, Joy and Krausman, JJ., concur.