Opinion
July 20, 1970
In an action by owners of property in the Town of North Hempstead to declare that an amendment of the Town Zoning Ordinance, adopted on February 18, 1969, is invalid, and to enjoin the town and its officials from taking any action pursuant to such amendment, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered March 3, 1970 in favor of defendants after a nonjury trial on the ground that plaintiffs failed to show that they are aggrieved parties. Judgment affirmed, without costs. Plaintiffs have failed to show that they or their property are especially affected by the amendment to the ordinance in question or that they are sustaining a pecuniary loss by reason thereof ( Marcus v. Village of Mamaroneck, 283 N.Y. 325; Rice v. Van Vranken, 225 App. Div. 179, affd. 255 N.Y. 541; Rose v. City of New Rochelle, 19 Misc.2d 599). Rabin, Acting P.J., Hopkins, Munder, Martuscello and Brennan, JJ., concur.