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9TH & 10TH ST v. BD OF STDS

43 A.D.3d 36 (2007)

837 N.Y.S.2d 626

In the Matter of 9TH & 10TH STREET L.L.C., Appellant, v. BOARD OF STANDARDS AND APPEALS OF THE CITY OF NEW YORK, Respondent.

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

May 29, 2007.

Attorney(s) appearing for the Case

Anderson Kill & Olick, P.C., New York City (Jeffrey E. Glen, Steven Cooper and Gail Eckstein of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Cheryl Payer, Stephen J. McGrath and Virginia Waters of counsel), for respondent.

MARLOW and GONZALEZ, JJ., concur with CATTERSON, J.; TOM, J.P. and WILLIAMS, J., dissent in a separate opinion by WILLIAMS, J.

OPINION OF THE COURT

CATTERSON, J.

In this CPLR article 78 proceeding, the Department of Buildings' (DOB) denial of a building permit to the petitioner on the grounds that petitioner could not produce documentation of eventual institutional control over a proposed dormitory building constituted an impermissible administrative anticipatory punishment.

On July 20, 1998, the petitioner acquired block 392, lot 10 (known both as 605 East 9th Street and...

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