MATTER OF BUN & BURGER OF ROCKEFELLER PLAZA, INC. v. CITY OF NEW YORK DEP'T OF BLDGS.


111 A.D.2d 140 (1985)

In the Matter of Bun & Burger of Rockefeller Plaza, Inc., Appellant-Respondent, v. City of New York Department of Buildings et al., Respondents. Lee National Corporation, Intervenor-Respondent-Appellant

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

May 30, 1985


We agree with Special Term for the reasons set forth in its thoughtful and persuasive opinion that the decision of the Board of Standards and Appeals, affirming prior decisions of the Department of Buildings revoking as invalid previously issued work permits and refusing an application to restore them, correctly construed Administrative Code of the City of New York § C26-109.5, and accordingly was not arbitrary or capricious or affected by an error of law.

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