Homes for the Homeless, Inc. v. Board of Standards & Appeals

New York Court of Appeals

Homes for the Homeless, Inc. v. Board of Standards & Appeals

855 N.E.2d 1166, 7 N.Y.3d 822

DecidedSeptember 12, 2006

StatusPublished

This text of 855 N.E.2d 1166 (Homes for the Homeless, Inc. v. Board of Standards & Appeals) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Homes for the Homeless, Inc. v. Board of Standards & Appeals, 855 N.E.2d 1166, 7 N.Y.3d 822 (N.Y. 2006).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, the petition dismissed and the certified question answered in the negative. The determination of the Board of Standards and Appeals denying the expansion component of petitioner’s variance application was rational and supported by substantial evidence (see Matter of SoHo Alliance v New York City Bd. of Stds. & Appeals, 95 NY2d 437, 440 [2000]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

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