MATTER OF WEST VILLAGE HOUSES TENANTS' ASSOCIATION v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS


302 A.D.2d 230 (2003)

755 N.Y.S.2d 377

In the Matter of WEST VILLAGE HOUSES TENANTS' ASSOCIATION 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 February 11, 2003.


While construction has commenced, it is not substantially complete, and, accordingly, we decline to dismiss the appeal as moot (cf. Matter of Dreikausen v Zoning Bd. of Appeals, 98 N.Y.2d 165). On the merits, the motion court correctly held that there is a rational basis for respondent Board's findings that the owner met each of the five requirements necessary for a variance under New York City Zoning Resolution § 72-21, and...

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