Matter of Turtle Bay Association v. Dinkins

Full title: In the Matter of TURTLE BAY ASSOCIATION et al., Appellants, v. DAVID N…

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

Date published: Sep 1, 1994

207 A.D.2d 670 (N.Y. App. Div. 1994)

616 N.Y.S.2d 31

Opinion

September 1, 1994

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).

Respondents' efforts, including inspection of 18 sites, at least 9 of which were outside the area of Community Board #6, requesting the help of the Community Board members and the Borough President in their search, and reviewing whether the proposed site would have an average impact in the community, constitute substantial compliance with the fair share criteria (see, Matter of Silver v. Dinkins, 158 Misc.2d 550, 553, affd for reasons stated 196 A.D.2d 757, lv denied 82 N.Y.2d 659). Thus, respondents' determination was neither arbitrary nor capricious. (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231.)

Concur — Sullivan, J.P., Carro, Ellerin and Asch, JJ.