MATTER OF WARD v. BENNETT


174 A.D.2d 681 (1991)

In the Matter of John A. Ward et al., Appellants, v. Roger Bennett, as Chairman of The Board of Standards and Appeals of the City of New York, et al., Respondents

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

June 17, 1991


Ordered that the judgment is affirmed, with costs.

Contrary to the petitioners' contention, the respondents' denial of their application to build a one-family dwelling in the bed of a mapped street pursuant to General City Law § 35 was neither arbitrary nor an abuse of discretion. General City Law § 35 provides that any decision of a board of appeals with respect to such a building permit shall be subject to review "in the same manner and pursuant to the...

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