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MATTER OF HOMES FOR THE HOMELESS, INC. v. BOARD OF STANDARDS AND APPEALS OF THE CITY OF NEW YORK

7 N.Y.3d 822 (2006)

855 N.E.2d 1166

822 N.Y.S.2d 752

In the Matter of HOMES FOR THE HOMELESS, INC., Respondent, v. BOARD OF STANDARDS AND APPEALS OF THE CITY OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided September 12, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Drake A. Colley of counsel), for appellant.

Cozen O'Connor, New York City (Howard B. Hornstein of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the petition dismissed and the certified question answered in the negative. The determination of the Board of Standards and Appeals denying the expansion component of petitioner's variance application was rational and supported by substantial evidence (see Matter of SoHo Alliance v New York City Bd. of Stds. & Appeals, 95 N...

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