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MTR RARITAN DEV CORP v. SILVA

91 N.Y.2d 98 (1997)

689 N.E.2d 1373

667 N.Y.S.2d 327

In the Matter of Raritan Development Corp. et al., Appellants, v. Gaston Silva et al., Respondents.

Court of Appeals of the State of New York.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Tenzer Greenblatt, L. L. P., New York City (James G. Greilsheimer and Lawrence S. Feld of counsel), for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Virginia Waters, Leonard Koerner and Ellen B. Fishman of counsel), for respondents.

Sean M. Walsh, Douglaston, for Federation of Civic Councils of the Borough of Queens, Inc., amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA and CIPARICK concur with Judge SMITH; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judge WESLEY concurs.

SMITH, J.

Respondents, the Commissioners of the Board of Standards and Appeals of the City of New York (BSA), argue that this Court should defer to the agency's interpretation of section 12-10 of New York City's Zoning Resolution. However, when an interpretation is contrary to the plain meaning of the statutory language, we have typically declined to enforce an agency's conflicting application thereof. We see...

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