COTRONEO v. KLEIN


62 A.D.2d 493 (1978)

In the Matter of Carmen Cotroneo et al., Appellants, v. Joseph B. Klein et al., Constituting The Board of Standards and Appeals of the City of New York, Respondents

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

May 29, 1978


Attorney(s) appearing for the Case

Leonard F. Rothkrug for appellants.

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan of counsel), for respondents.

HOPKINS, J. P., MARTUSCELLO and O'CONNOR, JJ., concur.


SHAPIRO, J.

The issue here, one of first impression, is whether section 668 of the New York City Charter requires that review of a denial of a variance by the Board of Standards and Appeals must be sought, in the first instance, by appeal to the Board of Estimate. We hold that it does not and that an applicant may seek direct review in the courts pursuant to CPLR article 78 without having appealed to the Board...

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