Opinion
July 2, 1990
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
In the petition's second cause of action, it was alleged, pursuant to 42 U.S.C. § 1983, that the petitioner was deprived of procedural due process by the refusal of the respondent Board of Standards and Appeals of the City of New York to hear its appeal seeking review of a determination by the Commissioner of the New York City Department of Buildings which revoked a building permit previously granted to it and issued a stop-work order. However, CPLR article 78, which allows for judicial review and correction of the actions of the Board of Standards and Appeals of the City of New York, provides whatever process the petitioner was due as a matter of Federal law. Since the petitioner has not alleged any basis for finding the State procedural remedy inadequate, the dismissal, in effect, of its 42 U.S.C. § 1983 claim was proper (see, Narumanchi v. Board of Trustees, 850 F.2d 70 [2d Cir]; Tarry Corp. v. Friedlander, 650 F. Supp. 1544, 1551-1552 [SD NY], affd 826 F.2d 210 [2d Cir]; Marino v. Ameruso, 837 F.2d 45 [2d Cir]; cf., Scott v. Greenville County, 716 F.2d 1409 [4th Cir]). Lawrence, J.P., Kunzeman, Rubin and Rosenblatt, JJ., concur.