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MATTER OF CONTEST PROMOTIONS-NY LLC v. NEW YORK CITY DEPT. OF BLDGS.

12134-112333/10, 12135, 103868/12

116 A.D.3d 447 (2014)

982 N.Y.S.2d 767

2014 NY Slip Op 2341

In the Matter of CONTEST PROMOTIONS-NY LLC, Respondent, v. NEW YORK CITY DEPARTMENT OF BUILDINGS et al., Appellants.

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

Decided April 3, 2014.

The determination of respondent New York City Environmental Control Board (ECB) that the signs at issue constituted "advertising" signs, rather than "accessory" signs, under New York City Zoning Resolution § 12-10, was not arbitrary and capricious (see Matter of Atlantic Outdoor Adv., Inc. v Srinivasan, 110 A.D.3d 598 [1st Dept 2013]). The court should have deferred to ECB's fact...

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