PEYTON v. NYC BD. OF STDS.

161972/15, 5193.

166 A.D.3d 120 (2018)

86 N.Y.S.3d 439

2018 NY Slip Op 06870

In the Matter of RANDY PEYTON, Appellant, and HILLEL HOFFMAN et al., Intervenors-Appellants, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Respondents, et al., Respondents.

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

Decided October 16, 2018.


Attorney(s) appearing for the Case

John R. Low-Beer , Brooklyn, and New York Environmental Law and Justice Project, New York City ( Joel R. Kupferman of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York City ( Jonathan A. Popolow , Richard Dearing and Devin Slack of counsel), for New York City Board of Standards and Appeals, respondent.

Greenberg Traurig, LLP, New York City ( Steven C. Russo , Carmen Beauchamp Ciparick , Robert Rosenthal and Evan Preminger of counsel), for Jewish Home Lifecare, Inc., respondent.

Kramer Levin Naftalis & Frankel LLP, New York City ( Jeffrey L. Braun of counsel), for PWV Acquisition, LLC, respondent.

Marcus Rosenberg & Diamond LLP, New York City ( David Rosenberg of counsel), for amicus curiae.

RENWICK, J.P., and WEBBER, J., concur with OING, J.; TOM, J., dissents in a separate opinion.


OPINION OF THE COURT

This appeal seeks to annul respondent New York City Board of Standards and Appeals' (BSA) resolution, which upheld the New York City Department of Buildings' (DOB) decision that granted a permit for the construction of a nursing home on the Upper West Side. At the heart of this dispute, which brings to light...

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