Dwight School Neighbors v. New York City Board of Standards & Appeals

Appellate Division of the Supreme Court of New York

Dwight School Neighbors v. New York City Board of Standards & Appeals

12 A.D.3d 248, 783 N.Y.S.2d 817, 2004 N.Y. App. Div. LEXIS 13655

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 2004

StatusPublished

This text of 12 A.D.3d 248 (Dwight School Neighbors v. New York City Board of Standards & Appeals) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dwight School Neighbors v. New York City Board of Standards & Appeals, 12 A.D.3d 248, 783 N.Y.S.2d 817, 2004 N.Y. App. Div. LEXIS 13655 (N.Y. Ct. App. 2004).

Pincite

Opinion

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 22, 2004, which denied the petition brought pursuant to CFLR article 78 seeking to annul a determination of respondent Board of Standards and Appeals which granted a variance to intervenor-respondent The Dwight School and dismissed the proceeding, unanimously affirmed, with costs against petitioners in favor of intervenor-respondent.

Since the record discloses that the challenged determination of respondent agency to grant a variance had a rational basis and is supported by substantial evidence, the determination may not be disturbed (see Matter of Cowan v Kern, 41 NY2d 591, 598 [1977]). Concur—Mazzarelli, J.P., Ellerin, Lerner, Friedman and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 22, 2004, which denied the petition brought pursuant to CFLR article 78 seeking to annul a determination of respondent Board of Standards and Appeals which granted a variance to intervenor-respondent The Dwight School and dismissed the proceeding, unanimously affirmed, with costs against petitioners in favor of intervenor-respondent.

Since the record discloses that the challenged determination of respondent agency to grant a variance had a rational basis and is supported by substantial evidence, the determination may not be disturbed (see Matter of Cowan v Kern, 41 NY2d 591, 598 [1977]). Concur—Mazzarelli, J.P., Ellerin, Lerner, Friedman and Sweeny, JJ.

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Bluebook (online)

12 A.D.3d 248, 783 N.Y.S.2d 817, 2004 N.Y. App. Div. LEXIS 13655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dwight-school-neighbors-v-new-york-city-board-of-standards-appeals-nyappdiv-2004.