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LEFRAK FOREST HILLS CORP. v. GALVIN

40 A.D.2d 211 (1972)

In the Matter of Lefrak Forest Hills Corp. et al., Petitioners, v. Thomas F. Galvin et al., Constituting The Board of Standards and Appeals of the City of New York, et al., Respondents, and Frederic S. Baum et al., Intervenors-Respondents In the Matter of Franklin National Bank, Petitioner, v. Thomas F. Galvin et al., Constituting The Board of Standards and Appeals of the City of New York, Respondents, and Frederic S. Baum et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 1972.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Charles G. Moerdler, Nathan Z. Dershowitz, Robert P. Stein, Richard S. Lane and Stephen Hochberg of counsel), for Lefrak Forest Hills Corp. and another, petitioners.

Murray Rudman for Franklin National Bank, petitioner.

Norman Redlich, Corporation Counsel (Jesse J. Fine of counsel), for respondents.

Corner, Finn, Cuomo & Charles and Gering, Gross & Gross (Mario Matthew Cuomo of counsel), for intervenors-respondents.

GULOTTA and BENJAMIN, JJ., concur with HOPKINS, Acting P. J.; MUNDER, J., dissents and votes to confirm the determination and dismiss the petitions, with an opinion, in which MARTUSCELLO, J., concurs.

HOPKINS, Acting P. J.

The question before us is whether the Board of Standards and Appeals of the City of New York improperly denied the applications of petitioners Lefrak Forest Hills Corp. and Lefrak Kew Gardens Corp. (hereinafter called Lefrak) for a further extension of permits first issued in 1963 and successively extended until December 15, 1971 to build an apartment house project on property located in...

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