A judge dismissed a firefighter’s lawsuit over New York’s decision to allow an Islamic cultural center and mosque to be built near the site of the Sept. 11 attacks, a ruling his lawyer said yesterday would be appealed.

New York State Supreme Court Justice Paul Feinman granted the city’s Landmarks Preservation Commission’s motion to reject the suit by Timothy Brown, who survived the attacks nearly 10 years ago.

U.S. conservatives and many New Yorkers have spoken out against the proposed center. The project generated intense national debate last year, drawing in President Barack Obama, who said he supported the organizers’ right to build.

The judge rejected the firefighter’s claim that he would be unable to properly commemorate Sept. 11 with the mosque nearby.

“Mr. Brown’s claim that his ability to commemorate will be injured is not yet recognized under the law as a concrete injury,” the judge wrote. “Such an injury, although palpable to Brown, is immeasurable by a court.”

Brown’s attorney, Brett Joshpe of the American Center for Law and Justice said yesterday that an appeal would be filed within weeks, which could extend the legal battle over the mosque for years.

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