Matter of Grasso v New York City Tr. Auth. (2009 NY Slip Op 04274)

Matter of Grasso v New York City Tr. Auth.

2009 NY Slip Op 04274 [63 AD3d 410]

June 2, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 5, 2009

In the Matter of Anthony L. Grasso, Appellant,
v
New York City Transit Authority et al., Respondents.

—[*1] The Sarcone Law Firm, PLLC, White Plains (Stephen M. DeLuca of counsel), for appellant.

Martin B. Schnabel, Brooklyn (Gena B. Usenheimer of counsel), for respondents.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 8, 2008, which granted respondents' motion to dismiss the petition, unanimously affirmed, without costs.

Petitioner lacks standing to challenge respondents' determination to prohibit him from operating a crane on any of their projects or property. To establish standing, he was required to show, in addition to an "injury in fact," that the injury he asserts "fall[s] within the zone of interests or concerns sought to be promoted or protected by the statutory provision under which the agency has acted" (see New York State Assn. of Nurse Anesthetists v Novello, 2 NY3d 207, 211 [2004]). Petitioner failed to identify any statutory provision pursuant to which respondents acted in making their determination. Were we to reach the merits of petitioner's claim, we would find it without validity. Concur—Mazzarelli, J.P., Andrias, Friedman, Renwick and Freedman, JJ.