Posted by: Patricia Salkin | July 5, 2016

NY Appellate Court Upholds Board’s Determination that Nonconforming Use was Discontinued

Applicant brought an Article 78 petition which sought to annul a resolution by Board of Standards and Appeals of the City of New York that upholding a denial by the New York City Department of Buildings of an application to register a sign as a nonconforming use of a sign as an advertising sign. The trial court denied the petition, and the Applicants appealed. The appellate court found that substantial evidence supported the BSA’s determination that the continuation of the nonconforming use of the sign as an advertising sign was prohibited because the nonconforming use was discontinued for more than two years, when it was replaced by an accessory sign beginning in 1981. Furthermore, the court failed to find any basis for disturbing the BSA’s determination to discredit affidavits submitted by petitioners, which contradicted documents submitted in support of the accessory sign application that was granted by DOB in 1981. Accordingly, since the record showed that the BSA’s determination was supported by substantial evidence and had a rational basis, the court held that petitioners were not entitled to a hearing pursuant to CPLR 7804(h).

OTR Media Group v Board of Standards and Appeals of the City of New York, 2016 WL 3582619 (NYAD 1 Dept. 7/5/2016)


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