Opinion
January 26, 1995
Appeal from the Supreme Court, Albany County (Bradley, J.).
Petitioner is appealing from Supreme Court's dismissal of his petition in this CPLR article 78 proceeding in which he is challenging respondent City of Albany Board of Zoning Appeals' issuance of a special use permit to respondent United Cerebral Palsy Association of the Capital District, Inc. authorizing it to construct a parking lot on property it owns in the City of Albany. At oral argument, we were advised that the parking lot has been constructed. As a consequence, this appeal has been rendered moot in view of petitioner's failure to obtain an injunction protecting his interests during the pendency of this appeal (see, Matter of Caprari v. Town of Colesville, 199 A.D.2d 705; Matter of Center Sq. Assn. v. Board of Bldg., Zoning Hous. Appeals, 195 A.D.2d 684).
Cardona, P.J., Mercure, Casey and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.