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MATTER OF WARD v. BENNETT

79 N.Y.2d 394 (1992)

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.

Court of Appeals of the State of New York.

Decided May 5, 1992.

Attorney(s) appearing for the Case

Simon H. Rothkrug for appellants.

O. Peter Sherwood, Corporation Counsel (Lawrence A. Salvato and Ellen B. Fishman of counsel), for respondents.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and YESAWICH, JR., concur; Judge SIMONS taking no part.

BELLACOSA, J.

The New York City Department of Buildings (DOB) denied the petitioner Wards' application for a permit to build a single-family house in the bed of a mapped, but unopened and undeveloped, Staten Island street. After an unsuccessful appeal to the Board of Standards and Appeals (Board), the Wards brought this CPLR article 78 proceeding alleging that the Board acted arbitrarily and capriciously, and...

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