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MATTER OF CLEAR CHANNEL OUTDOOR, INC. v. CITY OF NEW YORK

Index Nos. 153537/18, 153440/19. Appeal No. 13861-13861A. Case No. 2019-3148. 2019-04725.

194 A.D.3d 541 (2021)

143 N.Y.S.3d 874

2021 NY Slip Op 03142

In the Matter of Clear Channel Outdoor, Inc., Petitioner, v. City of New York et al., Respondents.

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

Decided May 18, 2021.

Attorney(s) appearing for the Case

Tarter Krinsky & Drogin LLP, New York ( Patrick J. Kilduff of counsel), for petitioner.

James E. Johnson , Corporation Counsel, New York ( Elizabeth I. Freedman of counsel), for respondents.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

OATH's determinations that petitioner violated Zoning Resolution § 32-63 by displaying two advertising signs in a district where such signs are prohibited are supported by substantial evidence in the record (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-182 [1978]). Petitioner failed to establish that the display of the two signs was a legal nonconforming use that had existed at the...

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