NY Appellate Court Finds Administrative Code of the City of New York § 25–207(a) Did Not Violate the Plaintiff’s Federal and State Constitutional Rights to Due Process Following Rejection of Application to Register an Advertising Sign Painted on Apartment Building Wall

This post was authored by Matthew Loescher, Esq.

Plaintiff commenced a proceeding pursuant to CPLR article 78 against the New York City Board of Standards and Appeals (BSA) to review a determination of the BSA dated December 4, 2012, rejecting its application to register an advertising sign painted on the wall of its four-story apartment building in Astoria. The Supreme Court granted the BSA’s motion pursuant to CPLR 3211(a)(5) and 7804 to dismiss the proceeding on the ground that the petition was time-barred under Administrative Code of the City of New York § 25–207(a), which requires an aggrieved entity to present a petition “within [30] days after the filing of the decision in the office of the board.” Following this, the Supreme Court directed dismissal on the ground that the action was barred by the doctrines of res judicata and collateral estoppel.

As a preliminary matter, the court found that contrary to the Supreme Court’s determination, the evidence submitted by the defendants failed to conclusively establish that there was identity of the parties and the issues such that the CPLR article 78 proceeding had preclusive effect. Nevertheless, the court found – in conclusory fashion – that, as a matter of law, the plaintiff’s challenge to Administrative Code of the City of New York § 25–207(a) was without merit. Accordingly, the court held that the Supreme Court should have deemed the motion to be a motion for a declaration in the defendants’ favor, and granted the motion on that basis.

Astoria Landing, Inc. v New York City Council, 2020 WL 5807544 (NYAD 2 Det. 9/30/2020)