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In re Christina Holding Corp. v. Silva

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1996
231 A.D.2d 519 (N.Y. App. Div. 1996)

Opinion

September 9, 1996.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated July 27, 1993, which, after a hearing, revoked a certificate of occupancy, the petitioners appeal from a judgment of the Supreme Court, Queens County (Lisa, J.), entered July 19, 1994, which dismissed the proceeding.

Before: Thompson, J. P., Joy, Altman and Hart, JJ.


Ordered that the judgment is affirmed, with costs.

In reviewing a determination of a zoning board, the determination must be upheld as long as there is a rational basis for it and it is supported by substantial evidence ( see, Matter of Fuhst v Foley, 45 NY2d 441; see also, 2 Anderson, New York Zoning Law and Practice § 26.17 [3d ed]). Moreover, if not irrational or unreasonable, the interpretation and construction given statutes by the body responsible for their administration should be upheld ( see, e.g., Matter of New York Life Ins. Co. v Galvin, 35 NY2d 52; Matter of Albert v Board of Stds. Appeals, 89 AD2d 960). Based on the record, the determination by the Board of Standards and Appeals was not arbitrary or capricious and was supported by substantial evidence ( see, e.g., Matter of Douglaston Civic Assn. v Klein, 51 NY2d 963; Matter of Montalbano v Silva, 204 AD2d 457).


Summaries of

In re Christina Holding Corp. v. Silva

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1996
231 A.D.2d 519 (N.Y. App. Div. 1996)
Case details for

In re Christina Holding Corp. v. Silva

Case Details

Full title:In the Matter of CHRISTINA HOLDING CORP. et al., Appellants, v. GASTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 9, 1996

Citations

231 A.D.2d 519 (N.Y. App. Div. 1996)
647 N.Y.S.2d 100