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MTR. OF N. Y. LIFE INS. v. GALVIN

41 A.D.2d 83 (1973)

In the Matter of New York Life Insurance Company, Appellant, v. Thomas F. Galvin et al., Constituting The Board of Standards and Appeals of the City of New York, Respondents, and Sheldon H. Solow, Doing Business as Solovieff Realty Company, Intervenor-Respondent-Respondent

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

Revised April 12, 1973.

Attorney(s) appearing for the Case

Bernard Botein of counsel (Mendes Hershman, Arthur Kramer and Ruth Schoonmaker with him on the brief; Botein, Hayes Sklar & Herzberg, attorneys), for appellant.

Morris Einhorn of counsel (Stanley Buchsbaum with him on the brief; Norman Redlich, Corporation Counsel), for Board of Standards and Appeals, respondent.

Daniel Eisenberg of counsel (Eisenberg & Weiss, P. C., attorneys), for intervenor-respondent-respondent.

Noel Rubinton for East Side Association Incorporated, amicus curiae.

NUNEZ, KUPFERMAN and TILZER, JJ., concur with STEUER, J.; STEVENS, P. J., dissents in an opinion, with respect to the judgment entered November 2, 1972.

STEUER, J.

In this consolidated article 78 proceeding the petitioner seeks to annul the grant of a special permit to the intervenor and an extension of time to complete the construction. There is also an appeal from an intermediate order which we have reviewed on appeal from the judgment.

The intervenor proposes to erect a 45-story apartment house on land assembled...

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