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MATTER OF PERLBINDER HOLDINGS LLC v. PERLMUTTER

Index No. 159819/19. Appeal No. 14529. Case No. 2020-03079.

199 A.D.3d 428 (2021)

153 N.Y.S.3d 850

2021 NY Slip Op 06061

In the Matter of Perlbinder Holdings LLC, Appellant, v. Margery Perlmutter et al., Respondents.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Akerman LLP, New York ( Richard G. Leland of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

The determination denying petitioner's application for a variance was not arbitrary and capricious. Respondents had a rational basis for finding that petitioner's application, to legalize a nonconforming advertising sign, contained inconsistent and confusing factual claims concerning the location of the sign. Petitioner's attempt to obfuscate a fact harmful to their application caused the Department of Buildings to erroneously issue a permit that was later revoked. Thus,...

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