MATTER OF BAYCHESTER RETAIL III LLC v. PERLMUTTER

11286, 156584/18.

181 A.D.3d 512 (2020)

120 N.Y.S.3d 322

2020 NY Slip Op 01961

In the Matter of Baychester Retail III LLC, Appellant, v. Margery Perlmutter et al., Respondents.

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

Decided March 19, 2020.


BSA's determination that DOB properly denied petitioner's applications is rationally based in the record and not arbitrary and capricious (see Matter of Sasso v Osgood, 86 N.Y.2d 374, 384 n 2 [1995]; Matter of Baychester Retail III LLC v Perlmutter, 161 A.D.3d 678, 678 [1st Dept 2018] ["Baychester I"], lv denied 32 N.Y.3d 907 [2018]). Respondents...

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