Herman v. Fossella

Appellate Division of the Supreme Court of New York

Herman v. Fossella

73 A.D.2d 502, 422 N.Y.S.2d 100, 1979 N.Y. App. Div. LEXIS 14236

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

DecidedDecember 4, 1979

StatusPublished

Cited by3 cases

This text of 73 A.D.2d 502 (Herman v. Fossella) 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.

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Herman v. Fossella, 73 A.D.2d 502, 422 N.Y.S.2d 100, 1979 N.Y. App. Div. LEXIS 14236 (N.Y. Ct. App. 1979).

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Judgment, Supreme Court, New York County, entered March 20, 1979, vacating determination of the New York City Board of Standards and Appeals dated September 26, 1978, and granting petitioner’s application for a variance from zoning regulations to permit the construction of a 10-story building, is reversed, on the law, and the petition in this article 78 proceeding is dismissed, with costs. We are unable to say that the determination of respondent Board of Standards and Appeals was arbitrary, or capricious, or without rational basis. We note the presence of detailed findings in the answer signed by the vice-chairman of the board. Concur—Fein, Bloom and Silverman, JJ.

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Judgment, Supreme Court, New York County, entered March 20, 1979, vacating determination of the New York City Board of Standards and Appeals dated September 26, 1978, and granting petitioner’s application for a variance from zoning regulations to permit the construction of a 10-story building, is reversed, on the law, and the petition in this article 78 proceeding is dismissed, with costs. We are unable to say that the determination of respondent Board of Standards and Appeals was arbitrary, or capricious, or without rational basis. We note the presence of detailed findings in the answer signed by the vice-chairman of the board. Concur—Fein, Bloom and Silverman, JJ.

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73 A.D.2d 502, 422 N.Y.S.2d 100, 1979 N.Y. App. Div. LEXIS 14236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herman-v-fossella-nyappdiv-1979.

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