MATTER OF CHELSEA BUS. & PROP. OWNERS' ASSN., LLC v. CITY OF NEW YORK

9192, 113194/10.

107 A.D.3d 414 (2013)

966 N.Y.S.2d 85

2013 NY Slip Op 3951

In the Matter of CHELSEA BUSINESS & PROPERTY OWNERS' ASSOCIATION, LLC, Doing Business as CHELSEA FLATIRON COALITION, Appellant, v. CITY OF NEW YORK, et al., Respondents, et al., Respondents. THE COUNCIL OF THE CITY OF NEW YORK, Intervenor-Petitioner-Appellant.

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

Decided June 4, 2013.


Petitioner challenges the municipal respondents' determinations, approvals and permits allowing respondent BRC to convert and operate a 12-story building at 127-131 West 25th Street in Manhattan as a homeless shelter and offices. Petitioner claims that the facility is improperly classified, under the Zoning Resolution of the City of New York, as a Use Group 5 "transient hotel," which permits BRC to operate it in the M1-6 light...

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