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IN THE MATTER OF PANTELIDIS v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS

10 N.Y.3d 846 (2008)

889 N.E.2d 474

859 N.Y.S.2d 597

In the Matter of GEORGE PANTELIDIS, Respondent, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Appellants, and JOSEPH E. SHEEHAN et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided May 1, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Tahirih M. Sadrieh of counsel), for appellants.

Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York City (Bruce H. Weiner of counsel), for intervenors-appellants.

Hagan, Coury & Associates, Brooklyn (Paul Golden of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered upon the ground that it is unnecessary.

An issue of fact existed whether petitioner relied in good faith upon the permit issued by the Department of Buildings. The courts below properly concluded that a hearing was necessary on that issue and that, in this setting, that hearing could be conducted by Supreme...

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