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  5. 32 N.Y.2d 796 (1973)
 

MATTER OF LEFRAK FOREST HILLS CORP. v. GALVIN

32 N.Y.2d 796 (1973)

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

Court of Appeals of the State of New York.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Jesse J. Fine and Stanley Buchsbaum of counsel), for appellants.

Mario Matthew Cuomo for Frederick S. Baum and others, intervenors-appellants.

Lawrence J. Gross for Dragutin Herzog and others, intervenors-appellants.

John Van Voorhis, Charles G. Moerdler, Robert P. Stein and Stephen Hochberg for Lefrak Forest Hills Corp. and Lefrak Kew Gardens Corp., respondents.

Murray Rudman for Franklin National Bank, respondent.

Concur: Chief Judge FULD and Judges BREITEL, JONES and WACHTLER. Judge JASEN dissents and votes to reverse in the following opinion in which Judges BURKE and GABRIELLI concur.

Order affirmed, without costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

I would reverse the order of the Appellate Division and reinstate the determination of the Board of Standards and Appeals. Viewing the record as a whole, I believe that the board's determination is supported by substantial evidence and is not otherwise arbitrary or capricious. Further, I do not believe that Lefrak's privilege under the building permit...

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