Under this arrangement, only fee-paying members of the community may use the facilities. Petitioners contend that respondents violated Education Law ' 414 by entering into the lease. Petitioners further contend that BPCA's refusal to obtain a permit for the use of Stuyvesant High School violates the New York State Constitution, Education Law ' 414 and the regulations of the Commissioner and the board. In addition, petitioners allege that BPCA's establishment of a private health club at Stuyvesant High School violates Article VIII ' 1 of the New York State Constitution. Respondents maintain that the appeal should be dismissed because the issues raised in this appeal are being litigated in another forum.
Respondents also maintain that the appeal is untimely.
In addition, respondents contend that they have fully complied with the law. As a threshold matter, the petition must be dismissed because there is an action pending in the Supreme Court of the State of New York, New York County, between the board and BPCA concerning the interpretation of the lease. It is apparent from the record that the petition in this appeal in most respects substantially duplicates the pending Supreme Court action. Both actions relate to the same set of facts and concern BPCA's rights under ' 25.02 of the lease. The issue of whether BPCA may have unlimited use of the facilities after school hours has clearly been raised in the Supreme Court action.