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WALSH v. BLDG. DEP'T OF THE CITY OF NEW YORK

34 N.Y.2d 954 (1974)

Daniel Walsh et al., Respondents, v. Building Department of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided July 15, 1974.

Attorney(s) appearing for the Case

Charles S. Desmond, Martin I. Shelton, Lewis A. Goldman and Joseph Ferraro for 12 Ellery Construction Corp. and Broadmoor Enterprises Corp., appellants.

Adrian P. Burke, Corporation Counsel (Leonard Koerner and L. Kevin Sheridan), for Board of Standards and Appeals, appellant.

John J. Turvey for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the determination of the Board of Standards and Appeals of the City of New York reinstated.

The Board of Standards and Appeals acted within its statutory authority under section 11-331 of the New York City Zoning Resolution in granting the builder six months to complete the foundation of an adult residence. There was sufficient...

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