Irving Trust Co. v. President of Borough of Manhattan

New York Court of Appeals

Irving Trust Co. v. President of Borough of Manhattan

392 N.E.2d 559, 47 N.Y.2d 818, 418 N.Y.S.2d 572, 1979 N.Y. LEXIS 2093

CourtNew York Court of Appeals

DecidedMay 31, 1979

StatusPublished

Cited by1 cases

This text of 392 N.E.2d 559 (Irving Trust Co. v. President of Borough of Manhattan) 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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Irving Trust Co. v. President of Borough of Manhattan, 392 N.E.2d 559, 47 N.Y.2d 818, 418 N.Y.S.2d 572, 1979 N.Y. LEXIS 2093 (N.Y. 1979).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

For many years the Borough President has exercised authority to approve applications by property owners for redesignation of building identifications as distinguished from changes of street names (Administrative Code of City of New York, § 82[3]-2.0). As in other instances of the exercise of such authority the change of designation here did not involve a street number within the literal language of the code. Nonetheless we agree with both courts below that the Borough [820]*820President’s authority extends to changes in building designations, whether they be by street number of otherwise. In no view of the case can the change from ”88 Pine Street” to "Wall Street Plaza” be classified as involving a change of the name of a public street, authority for which is vested in the city council (Administrative Code of the City of New York, §§ B4-1.0 to B4-90.0).

Agreeing then, as we do, that the Borough President had authority to change the identification of this building, we find no predicate for concluding that the exercise of such authority in this instance was in violation of lawful procedure, was affected by an error of law, or was an abuse of discretion.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

For many years the Borough President has exercised authority to approve applications by property owners for redesignation of building identifications as distinguished from changes of street names (Administrative Code of City of New York, § 82[3]-2.0). As in other instances of the exercise of such authority the change of designation here did not involve a street number within the literal language of the code. Nonetheless we agree with both courts below that the Borough [820]*820President’s authority extends to changes in building designations, whether they be by street number of otherwise. In no view of the case can the change from ”88 Pine Street” to "Wall Street Plaza” be classified as involving a change of the name of a public street, authority for which is vested in the city council (Administrative Code of the City of New York, §§ B4-1.0 to B4-90.0).

Agreeing then, as we do, that the Borough President had authority to change the identification of this building, we find no predicate for concluding that the exercise of such authority in this instance was in violation of lawful procedure, was affected by an error of law, or was an abuse of discretion.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

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392 N.E.2d 559, 47 N.Y.2d 818, 418 N.Y.S.2d 572, 1979 N.Y. LEXIS 2093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irving-trust-co-v-president-of-borough-of-manhattan-ny-1979.

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