Citizens United To Protect Our Neighborhoods v. Village of Chestnut Ridge, New York ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee eK CITIZENS UNITED TO PROTECT OUR NEIGHBORHOODS; HILDA KOGUT; ROBERT ASSELBERGS; and CAROLE GOODMAN, Plaintiffs, -against- 19 CIVIL 3461 (NSR) JUDGMENT VILLAGE OF CHESTNUT RIDGE, NEW YORK, Defendant. wenn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated September 30, 2022, Defendant's motion to dismiss is GRANTED and Proposed Intervenors' Motion to Intervene is DENIED as moot. Plaintiffs’ Complaint is DISMISSED without prejudice for lack of subject matter jurisdiction. The Second Circuit has made clear that "where a case is dismissed for lack of Article III standing, as here, that disposition cannot be entered with prejudice, and instead must be dismissed without prejudice." Katz v. Donna Karan Co., L.L.C., 872 F.3d 114, 121 (2d Cir. 2017) (emphasis in original). Judgment is entered in favor of Defendant Village of Chestnut Ridge, New York, without prejudice. Dated: New York, New York September 30, 2022 RUBY J. KRAJICK Clerk of Court BY: □□ MLANGO Deputy Clerk