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MATTER OF BRANDMAN v. BD. OF STANDARDS & APPEALS OF THE CITY OF NEW YORK

213 A.D.2d 204 (1995)

623 N.Y.S.2d 246

In the Matter of Gloria Brandman, Individually and as Treasurer of Park Slope Action for the Environment, et al., Petitioners, v. Board of Standards and Appeals of the City of New York, Respondent, and New York Methodist Hospital, Formerly Known as Methodist Hospital of Brooklyn, Intervenor-Respondent

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

March 9, 1995

The present proceeding was improperly transferred to this Court, since the evidence submitted in connection with the zoning applications had not had the benefit of clarification at an evidentiary hearing (Matter of Save the Pine Bush v Planning Bd., 83 A.D.2d 741). However, the record enables us to conclude whether the administrative action was arbitrary and capricious (Matter of Kidd-Kott Constr. Co. v Lillis,

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