Posted by: Patricia Salkin | July 22, 2014

NY Appellate Court Upholds Board’s Revocation of Improperly Issued Building Permits

A NY Appellate Court reversed the trial court and upheld the revocation, by the Board of Standards and Appeals of the City of New York, of previously granted permits in connection with the renovation of property in Brooklyn. The Court noted that its review is limited to whether the Board’s determination was illegal, arbitrary or an abuse of discretion. Here, the Court noted that the Board properly concluded that the permit was erroneously issued since it required approval of the City Landmark Preservation Commission pursuant to the City Administrative Code and such approval had not been given. Further, the Court noted that the Board found that the construction documents did not comply with the City Zoning Resolution. Therefore, the Board’s revocation was not illegal, not arbitrary and capricious, and not an abuse of discretion, and it had a rational basis. The Court found that the trial court had improperly substituted its own judgment for that of the Board.

Yoran-Wastin v City of New York, 2014 WL 1613126 (NYAD 2 Dept. 4/23/2014).

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