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IN RE PKWY. VLG. v. BOARD OF STDS., APPS

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 2001
279 A.D.2d 299 (N.Y. App. Div. 2001)

Opinion

January 11, 2001.

Judgment, Supreme Court, New York County (Paula Omansky, J.), entered on or about June 19, 2000, which denied the petition and dismissed the proceeding, brought pursuant to CPLR article 78, to vacate a resolution of respondent Board of Standards and Appeals of the City of New York dated February 15, 2000, which reversed a determination of additional respondent Department of Buildings of the City of New York revoking building permits issued to additional respondent Bahar Group, LLC, unanimously affirmed, without costs.

Before: Sullivan, P.J., Nardelli, Williams, Mazzarelli, Saxe, JJ.

Richard L. Claman, for petitioner-appellant.

Ronald E. Sternberg and Michael Cook, for respondent-respondents.


The authority charged with enforcing Zoning Resolution § 12-10 is respondent Board of Standards and Appeals (BSA), and since the questions raised concerning the application of that Zoning Resolution related to BSA's expertise, the court properly accorded the BSA's interpretation of the relevant subsections of the Zoning Resolution (subsections a and d) "great weight and judicial deference", such interpretation having been "neither irrational, unreasonable nor inconsistent with the governing statutes" (Matter of Trump-Equitable Fifth, Ave. Co. v. Gliedman, 62 N.Y.2d 539, 545; accord, Matter of Toys "R" Us v. Silva, 89 N.Y.2d 411, 418-419).

We have considered petitioner's remaining arguments and find them unavailing.


Summaries of

IN RE PKWY. VLG. v. BOARD OF STDS., APPS

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 2001
279 A.D.2d 299 (N.Y. App. Div. 2001)
Case details for

IN RE PKWY. VLG. v. BOARD OF STDS., APPS

Case Details

Full title:IN RE APPLICATION OF PARKWAY VILLAGE EQUITIES CORPORATION…

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

Date published: Jan 11, 2001

Citations

279 A.D.2d 299 (N.Y. App. Div. 2001)
720 N.Y.S.2d 6

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