Opinion
2002-10305
Argued April 11, 2003.
April 28, 2003.
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Standards and Appeals of the City of New York dated March 28, 2002, which, after a hearing, granted a special use permit and a bulk variance, the petitioners appeal from a judgment of the Supreme Court, Kings County (G. Aronin, J.), dated September 6, 2002, which denied the petition and dismissed the proceeding.
Robert E. Sokolski, P.C., New York, N.Y., for appellants.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath, Mark W. Muschenheim, and Ellen Ravitch of counsel), for respondent Board of Standards and Appeals of City of New York.
Fischbein Badillo Wagner Harding, New York, N.Y. (Richard S. Fischbein, Howard B. Hornstein, Joseph J. Koltun, and Philip H. Kalban of counsel), for respondent Magen David Yeshiva.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs.
The determination of the Board of Standards and Appeals of the City of New York was neither arbitrary nor capricious (see Matter of Cowan v. Kern, 41 N.Y.2d 591; cf. Matter of Montalbano v. Silva, 204 A.D.2d 457).
The petitioners' remaining contentions are without merit.
SANTUCCI, J.P., SMITH, McGINITY and SCHMIDT, JJ., concur.