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Matter of N.Y. Botanical v. Bd. of Standards

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1997
238 A.D.2d 200 (N.Y. App. Div. 1997)

Opinion

April 15, 1997


Order and judgment (one paper), Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered September 3, 1996, which denied petitioner's application pursuant to CPLR article 78 to annul respondent agency's determination that a radio tower being built on intervenor-respondent's university campus is an accessory use, and dismissed the petition, unanimously affirmed, without costs.

Respondent's determination is supported by substantial evidence that it is commonplace for universities to own and operate radio stations many of which operate at or near the same power level of the proposed radio station, and is rationally based on a statute that specifically lists radio towers as an accessory use (NY City Zoning Resolution § 12-10 [b], [q]). Accordingly, the determination was properly confirmed ( see, Matter of Toys "R" Us v. Silva, 89 N.Y.2d 411, 423; Matter of Khan v. Zoning Bd. of Appeals, 87 N.Y.2d 344, 351).

Concur — Rosenberger, J.P., Ellerin, Nardelli and Tom, JJ.


Summaries of

Matter of N.Y. Botanical v. Bd. of Standards

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1997
238 A.D.2d 200 (N.Y. App. Div. 1997)
Case details for

Matter of N.Y. Botanical v. Bd. of Standards

Case Details

Full title:In the Matter of NEW YORK BOTANICAL GARDEN, Appellant, v. BOARD OF…

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

Date published: Apr 15, 1997

Citations

238 A.D.2d 200 (N.Y. App. Div. 1997)