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NY BOTANICAL GARDEN v. BSA

91 N.Y.2d 413 (1998)

694 N.E.2d 424

671 N.Y.S.2d 423

In the Matter of New York Botanical Garden, Appellant, v. Board of Standards and Appeals of the City of New York, Respondent, and Fordham University, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided April 2, 1998.

Attorney(s) appearing for the Case

Rosenman & Colin, L. L. P., New York City (Jeffrey L. Braun, Kenneth Lowenstein and Rosemary Halligan of counsel), for appellant.

Jeffrey D. Friedlander, Acting Corporation Counsel of New York City (Deborah R. Douglas and Kristin M. Helmers of counsel), for respondent.

Kurzman Karelsen & Frank, L. L. P., New York City (Deirdre A. Carson and Joanne Seminara Lehu of counsel), for intervenor-respondent.

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

Chief Judge KAYE and Judges TITONE, BELLACOSA and CIPARICK concur; Judges SMITH and LEVINE taking no part.

WESLEY, J.

In 1993, Fordham University applied to the New York City Department of Buildings (DOB) for a permit to build a new broadcasting facility and attendant tower as an accessory use on its Rose Hill campus. The DOB issued Fordham a building permit. After construction began, the New York Botanical Garden objected to the issuance of the permit. The DOB Commissioner determined that the radio station and accompanying...

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