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MATTER OF 339 W. 29TH ST. LLC v. CITY OF NEW YORK

14333.

125 A.D.3d 557 (2015)

In the Matter of 339 WEST 29TH STREET LLC, Appellant, v. CITY OF NEW YORK et al., Respondents. FRIENDS OF HOPPER-GIBBONS UNDERGROUND RAILROAD SITE et al., Proposed Intervenors-Respondents.

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

Decided February 24, 2015.

BSA's determination that, in order to work at the site, petitioner was required to obtain the approval of the LPC, was rational and was not arbitrary and capricious (see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]). At the time of the designation of the historic district, the permit previously issued to petitioner...

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