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GALIN v. BD. OF ESTIMATE

72 A.D.2d 114 (1980)

In the Matter of Miles A. Galin, Appellant, v. Board of Estimate of the City of New York et al., Respondents

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

January 22, 1980

Attorney(s) appearing for the Case

Leonard F. Rothkrug for appellant.

Ronald E. Sternberg of counsel (L. Kevin Sheridan with him on the brief; Allen G. Schwartz, Corporaton Counsel, attorney), for respondents.

BIRNS, J. P., BLOOM and LUPIANO, JJ., concur with FEIN, J.; YESAWICH, J., dissents in opinion.

FEIN, J.

We are all agreed that the Board of Estimate properly and lawfully accepted and exercised jurisdiction to review the determination of the Board of Standards and Appeals (BSA), which had granted a zoning variance to the petitioner, respecting premises 113 East 39th Street in Manhattan owned by petitioner, a medical doctor, and where he maintains a practice in ophthalmology with several other doctors....

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