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MATTER OF TAKE TWO OUTDOOR MEDIA LLC v. BOARD OF STANDARDS & APPEALS OF CITY OF N.Y.

2923, 100334/13.

146 A.D.3d 715 (2017)

2017 NY Slip Op 00593

48 N.Y.S.3d 653

In the Matter of TAKE Two OUTDOOR MEDIA LLC, Appellant, v. BOARD OF STANDARDS AND APPEALS OF THE CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 31, 2017.

Respondent rationally determined that the United States Bulkhead Line running along the Bronx shoreline of the Harlem River does not constitute a "boundary of the City of New York" within the meaning of New York City Zoning Resolution § 42-55 (d) and therefore that petitioner's outdoor advertising sign does not fall within the exception to the Zoning Resolution set forth in that provision.

The determination was not arbitrary and capricious. While the Department...

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