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CITY CLUB v. NEW YORK CITY BD

Index No. 161071/19. Appeal Nos. 13937, 13937A. Case Nos. 2020-04916, 2020-04917.

198 A.D.3d 1 (2021)

154 N.Y.S.3d 1

2021 NY Slip Op 04533

In the Matter of THE CITY CLUB OF NEW YORK, Respondent, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Appellants.

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

Decided July 22, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York City ( Eric Lee , Richard Dearing and Claude S. Platton of counsel), for municipal appellants.

Cyrulnik Fattaruso LLP, New York City ( Jason Cyrulnik , Paul Fattaruso and Alex Potter of counsel), for Extell Development Company and another, appellants.

John R. Low-Beer , Brooklyn, and Charles N. Weinstock , New York City, for respondent.

GISCHE, J.P., KERN and SHULMAN, JJ., concur.

OPINION OF THE COURT

This appeal asks us to resolve a challenge to the determination of the New York City Board of Standards and Appeals (BSA) upholding a Department of Buildings (DOB) permit for a project development near Lincoln Center. Petitioner contends that BSA incorrectly interpreted the applicable provisions of the New...

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