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COMM. v. CITY OF NEW YORK

146 A.D.2d 397 (1989)

In the Matter of Committee to Save the Beacon Theater, by its Chairman, Daniel B. Meltzer, et al., Respondents, v. City of New York et al., Appellants Committee to Save the Beacon Theater, by its Chairman, Daniel B. Meltzer, et al, Respondents, v. Beacon Broadway Company et al., Appellants

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

May 9, 1989.

Attorney(s) appearing for the Case

Jean M. McCarroll of counsel (Robert S. Davis and Jeffrey B. Gracer on the brief; Berle, Kass & Case, attorneys), for petitioners-respondents and plaintiffs-respondents.

Elizabeth Dvorkin of counsel (Edward F. X. Hart and Phyllis Arnold on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for municipal appellants.

Jeffrey L. Braun of counsel (Michael T. Sillerman and Steven Graff Levine on the brief; Rosenman & Colin, attorneys), for Babylon Limited Partnership, appellants.

Jeffrey R. Metz of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., and Marino, Chambers & Lou, P. C., attorneys), for Beacon Broadway, appellant.

KUPFERMAN, J. P., ROSS, ASCH and KASSAL, JJ., concur.

SMITH, J.

The central question raised by this appeal is whether the July 15, 1986 vote by the Landmarks Preservation Commission, (Landmarks Commission) or its October 3, 1986 letter entitled "Notice of Approval", indicating its approval of certain alterations to the interior of the Beacon Theater, subject to stated conditions precedent, constitutes a reviewable "final determination" within the meaning of CPLR...

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