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MATTER OF EAST 91ST STREET NEIGHBORS TO PRESERVE LANDMARKS, INC. v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS

294 A.D.2d 126 (2002)

740 N.Y.S.2d 876

In the Matter of EAST 91ST STREET NEIGHBORS TO PRESERVE LANDMARKS, INC., et al., Appellants, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Respondents.

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

Decided May 7, 2002.

Inasmuch as there was a rational basis for the determination of respondent Board of Standards and Appeals that respondent Sacred Heart School's application to modify its variance sought only a minor modification in the previously approved variance, the decision of the Board of Standards and Appeals to consider the variance as amended without requiring Sacred Heart to file a new variance application was not arbitrary and capricious...

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