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MTR. OF BELLE HARBOR REALTY v. KERR

35 N.Y.2d 507 (1974)

In the Matter of Belle Harbor Realty Corp., Respondent, v. Andrew P. Kerr, as Administrator of the Housing and Development Administration, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Leonard Koerner, L. Kevin Sheridan and Jesse J. Fine of counsel), for appellants.

Jesse I. Levine and J. Stanley Shaw for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and STEVENS concur; Judge RABIN taking no part.

WACHTLER, J.

Early in 1972, the Belle Harbor Realty Corp. (Belle Harbor) submitted to the City of New York a new building application for the construction of a four-story nursing home. To secure a written permit from the Commissioner of Buildings as required by the Administrative Code (Administrative Code of City of New York, § C26-109.1) a builder must first obtain approval of his building plans from the...

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