Opinion
June 9, 1987
Appeal from the Supreme Court, New York County (Norman C. Ryp, J.).
In an order dated March 6, 1985, respondent New York City Loft Board determined that the premises at 101 West 25th Street (also known as 755 Sixth Avenue) was an interim multiple dwelling subject to the Loft Law (Multiple Dwelling Law § 280 et seq.). Petitioner subsequently commenced this proceeding pursuant to CPLR article 78 challenging the administrative ruling on the ground that since some of the units contain less than the mandated minimum square footage, they are not in compliance with certain Zoning Resolutions, and, therefore, the building may not be designated an interim multiple dwelling. The Supreme Court granted the petition in part and remanded the matter to the Loft Board for further proceedings to ascertain whether the building could be brought into conformity with the applicable Zoning Resolutions. However, the Loft Board's policy of not considering the size of the units at the initial coverage determination of its proceedings has been upheld by this court in Little Arf'n Annie v New York City Loft Bd. ( 121 A.D.2d 852). The issue of whether or not the units in question meet the minimum size or bulk requirements of the Zoning Resolutions was, thus, appropriately deferred by respondent for future consideration.
Concur — Sandler, J.P., Sullivan, Ross and Milonas, JJ.