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  5. 89 N.Y.2d 411 (1996)
 

TOYS "R" US v. SILVA

89 N.Y.2d 411 (1996)

676 N.E.2d 862

654 N.Y.S.2d 100

In the Matter of Toys "R" Us, a New York Limited Partnership, Respondent, v. Gaston Silva, as Chairman of City of New York Board of Standards and Appeals, Appellant, et al., Respondent; Colette Coffman et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Janet L. Zaleon, Barry P. Schwartz and Robin Binder of counsel), for appellant.

Bachner, Tally, Polevoy & Misher LLP, New York City (Norman Marcus of counsel), and Jack L. Lester for intervenors-appellants.

Fischbein Badillo Wagner Harding, New York City (Richard S. Fischbein, Howard B. Hornstein, Donald N. David and Andrew B. Messite of counsel), for Toys "R" Us, respondent.

Edward N. Costikyan, New York City, for Municipal Art Society of New York, Inc., amicus curiae.

Gallent & Aumand, Jackson Heights (Martin Gallent of counsel), for Metro Chapter of the American Planning Association, amicus curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

The New York City zoning laws prohibit continuation of a nonconforming use if, during a two-year period, "the active operation of substantially all the non-conforming uses * * * is discontinued" (New York City Zoning Resolution § 52-61). This case presents a novel question of statutory construction: what is the appropriate legal standard to determine whether a nonconforming use has been...

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