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MATTER OF NEIGHBORHOOD IN THE NINETIES, INC. v. CITY OF NEW YORK

4620, 115705/07.

82 A.D.3d 602 (2011)

919 N.Y.S.2d 159

In the Matter of NEIGHBORHOOD IN THE NINETIES, INC., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 24, 2011.

Substantial evidence supported each of the five findings made by the BSA required under New York City Zoning Resolution § 72-21 for issuance of the proposed variances (see Matter of SoHo Alliance v New York City Bd. of Stds. & Appeals, 95 N.Y.2d 437, 440, 442 [2000]).

Petitioners' contention that the Building qualifies as a "city facility," and is therefore subject to "Fair Share" review under the New York City...

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