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SOHO ALLIANCE v. BD. OF STDS.

95 N.Y.2d 437 (2000)

741 N.E.2d 106

718 N.Y.S.2d 261

In the Matter of SOHO ALLIANCE et al., Appellants, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Respondents.

Court of Appeals of the State of New York.

Decided November 28, 2000.

Attorney(s) appearing for the Case

Jack L. Lester, New York City, for appellants.

Michael D. Hess, Corporation Counsel of New York City (Linda H. Young, Elizabeth S. Natrella and Deborah Rand of counsel), for New York City Board of Standards and Appeals, respondent.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Gerard E. Harper and Debo P. Adegbile of counsel), for Broadway HS Corp. and others, respondents.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

At issue here is the validity of a determination made by the New York City Board of Standards and Appeals (BSA) to grant use variances permitting development of two neighboring properties and issuing a Type I Negative Declaration rather than requiring an Environmental Impact Statement (EIS). The properties at issue in this matter are located on West Houston Street within and...

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