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MATTER OF MONTALBANO v. SILVA

204 A.D.2d 457 (1994)

611 N.Y.S.2d 630

In the Matter of Anthony J. Montalbano et al., Appellants, v. Gaston Silva et al., Respondents

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

May 9, 1994

Ordered that the judgment is affirmed, with costs.

After the petitioners constructed an extension to their home they applied for an area variance so that they could obtain a certificate of occupancy. We find that the determination of the Board of Standards and Appeals of the City of New York (hereinafter the BSA) denying the petitioners' application for an area variance was based on substantial evidence in the record as a whole and was neither illegal nor arbitrary...

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