Hyperlawhypertext legal database Dwight School Neighbors v. New York City Board of Standards & Appeals 12 A.D.3d 248

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Dwight School Neighbors v. New York City Board of Standards & Appeals

12 A.D.3d 248 Court N.Y. App. Div. Decision date 2004-11-16 English

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p. 248
In the Matter of The Dwight School Neighbors et al., Appellants, v New York City Board of Standards and Appeals, Respondent, and The Dwight School, Intervenor-Respondent.
[783 NYS2d 817]

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 22, 2004, which denied the petition brought pursuant to CFLR article 78 seeking to annul a determination of respondent Board of Standards and Appeals which granted a variance to intervenor-respondent The Dwight School and dismissed the proceeding, unanimously affirmed, with costs against petitioners in favor of intervenor-respondent.

Since the record discloses that the challenged determination of respondent agency to grant a variance had a rational basis and is supported by substantial evidence, the determination may not be disturbed (see Matter of Cowan v Kern, 41 NY2d 591 , 598 [1977]). Concur—Mazzarelli, J.P., Ellerin, Lerner, Friedman and Sweeny, JJ.