Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered December 11, 2002 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.
Memorandum: Supreme Court erred in granting the petition pursuant to CPLR article 78 seeking to compel respondents to file with the court, and then to execute, a plan to maintain the H.H. Richardson Complex (complex) for purposes of restoration and preservation. The complex is comprised of a group of buildings of historical and architectural significance located on the grounds of the Buffalo Psychiatric Center. We conclude that the court instead should have dismissed the petition based on petitioners’ lack of standing, a ground raised by respondents in their respective answers (see Matter of Energy Assn. of N.Y. State v Public Serv. Commn. of State of N.Y., 273 AD2d 708, 710 [2000], lv denied 95 NY2d 765 [2000]; see also Community Bd. 7 of Borough of Manhattan v Schaffer, 84 NY2d 148, 154-155 [1994]). In order to establish standing, petitioners must show both that “the interest asserted is arguably within the zone of interest to be protected by the statute” (Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 9 [1975]) and that they have been
