IN RE: James D. BREWSTER (2007)

Respondent Linda A. Wright, individually, is the sole appellant from an amended judgment reducing petitioners' real property assessments for the year 2005.   Wright previously was the assessor for respondent Town of Conquest, but she resigned from that position in February 2007 and has not appealed in her capacity as assessor.   We thus conclude that she is not aggrieved by the amended judgment and that the appeal therefore must be dismissed (see CPLR 5511;  Town of Massena v. Niagara Mohawk Power Corp., 45 N.Y.2d 482, 488, 410 N.Y.S.2d 276, 382 N.E.2d 1139). Although the amended judgment states that Wright violated the constitutional rights of petitioners by engaging in selective assessment of their properties, the amended judgment imposes no liability upon Wright and, thus, she has not suffered the requisite “injury in fact” (Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 772, 570 N.Y.S.2d 778, 573 N.E.2d 1034).   Any prospective harm that Wright allegedly may suffer in the event that petitioners elect to commence an action pursuant to 42 U.S.C. § 1983 against her is too speculative to form the basis of an injury (see New York State Assn. of Nurse Anesthetists v. Novello, 2 N.Y.3d 207, 214-215, 778 N.Y.S.2d 123, 810 N.E.2d 405).

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

MEMORANDUM: