MATTER OF PONTE EQUITIES, INC. v. CHIN


284 A.D.2d 283 (2001)

726 N.Y.S.2d 849

In the Matter of PONTE EQUITIES, INC., Appellant, v. JAMES CHIN et al., Constituting the Board of Standards and Appeals of the City of New York, et al., Respondents.

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

Decided June 28, 2001.


The subject 1961 New York Zoning Resolution, as amended in 1982, was construed by respondent BSA to deem continued operation of a public parking garage in the area where petitioner's premises are located a distinct nonconforming use. Because BSA's interpretation of the Zoning Resolution is rational (see, New York City Zoning Resolution § 12-10) it may not be disturbed (see, Matter of New York Botanical Garden v

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