Posted by: Patricia Salkin | May 5, 2014

NY Appellate Court Finds that Permit Revocation by the Board of Standards and Appeals of the City of New York was not Arbitrary and Capricious

This case arose from a determination of the Board of Standards and Appeals of the City of New York dated January 11, 2011, which denied the petitioner’s appeal from a determination of the Department of Buildings of the City of New York revoking its alteration permit. The petitioner appealed from a judgment of the Supreme Court, Queens County, which denied the petition and dismissed the proceeding. The court discussed that the determination of the Board of Standards and Appeals of the City of New York (BSA) may not be set aside in the absence of illegality, arbitrariness, or abuse of discretion. Since the determination of the BSA in upholding the determination of the Commissioner of the DOB revoking the petitioner’s alteration permit had a sound legal basis, the court determined that the decision should be upheld. Accordingly, the court dismissed the plaintiff’s claims as being without merit, and dismissed the petition.

25-50 FLB, LLC v. Srinivasan, 116 A.D.3d 1056, 1057 (N.Y.A.D. 2d Dept. 2014)


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