129 East 82nd Street Owners Corp. v. Board of Standards & Appeals

Full title: 129 EAST 82ND STREET OWNERS CORP., Petitioner, v. BOARD OF STANDARDS AND…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 18, 1997

244 A.D.2d 213 (N.Y. App. Div. 1997)

664 N.Y.S.2d 922

Opinion

November 18, 1997

Appeal from the Supreme Court, New York County [Salvador Collazo, J.].

Since a zoning board's determination may not be set aside unless the record reveals illegality, arbitrariness, or an abuse of discretion (Matter of Sasso v. Osgood, 86 N.Y.2d 374; Matter of Khan v. Zoning Bd. of Appeals, 87 N.Y.2d 344, 350-351; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444), and since there is substantial evidence to support the findings of fact made by respondent Board of Standards and Appeals pursuant to New York City Zoning Resolution § 73-21, the determination must be confirmed. We have considered petitioner's other arguments, and find them to be without merit.

Concur — Sullivan, J. P., Milonas, Tom and Andrias, JJ.