Opinion
No. 12D3DD2.
Decided September 12, 2006.
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 29, 2005. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order and judgment (one paper) of the Supreme Court, New York County (Faviola A. Soto, J.), entered in a proceeding pursuant to CPLR article 78, which had granted a petition to annul a resolution of respondent Board of Standards and Appeals, insofar as it had denied petitioner's application for a zoning variance to permit construction of a new building, and (2) remitted to the Board for further proceedings on petitioner's variance applications. The following question was certified by the Appellate Division: "Was the order of this Court, which reversed the order of the Supreme Court, properly made?"
Matter of Homes for Homeless, Inc. v. Board of Stds. Ap-peals of City of N.Y., 24 AD3d 340, reversed.
Michael A. Cardozo, Corporation Counsel, New York City ( Drake A. Colley of counsel), for appellant.
Cozen O'Connor, New York City ( Howard B. Hornstein of counsel), for respondent.
Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSEN-BLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.
OPINION OF THE COURT
The order of the Appellate Division should be reversed, without costs, the petition dismissed and the certified question answered in the negative. The determination of the Board of Standards and Appeals denying the expansion component of petitioner's variance application was rational and supported by substantial evidence ( see Matter of SoHo Alliance v. New York City Bd. ofStds. Appeals, 95 NY2d 437, 440).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, etc.