MTR. OF ELLIOTT v. GALVIN


40 A.D.2d 317 (1973)

In the Matter of Osborn Elliott et al., Appellants, v. Thomas F. Galvin et al., Constituting The Board of Standards and Appeals of the City of New York, et al., Respondents.

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

January 11, 1973.


Attorney(s) appearing for the Case

Frans J. J. Van Heemstra for appellants.

Daniel Eisenberg of counsel (Eisenberg & Weiss, attorneys), for 211 East 70th Street Company, respondent.

Alfred Weinstein of counsel (Stanley Buchsbaum with him on the brief; Norman Redlich, Corporation Counsel), for Thomas F. Galvin and others, respondents.

Otis Pratt Pearsall of counsel (Hughes Hubbard & Reed, attorneys), for Municipal Art Society of New York and others, amici curiae.

McGIVERN, J. P., NUNEZ and MURPHY, JJ., concur.


STEUER, J.

Respondent Board of Standards and Appeals granted to the owner, 211 East 70th Street Company, a zoning variance allowing the owner to construct a building which in many respects exceeds the restrictions for the district. The petitioners are owners of property in the same city block. This article 78 proceeding seeks to have the grant annulled.

The petition seeks this relief purely on the ground...

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