Ponte Equities, Inc. v. Chin
Opinion of the Court
—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered November 16, 2000, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul a resolution of respondent Board of Standards and Appeals (BSA), dated March 28, 2000, which modified the certificate of occupancy to remove the right to use the subject premises as a public parking garage while allowing continued use of the subject premises for storage of commercial and public utility vehicles and as a trucking terminal, unanimously affirmed, without costs.
The subject 1961 New York Zoning Resolution, as amended in 1982, was construed by respondent BSA to deem continued operation of a public parking garage in the area where petitioner’s premises are located a distinct nonconforming use. Because BSA’s interpretation of the Zoning Resolution is rational (see, New York City Zoning Resolution § 12-10) it may not be disturbed (see, Matter of New York Botanical Garden v
We have considered petitioner’s remaining arguments and find them unavailing. Concur — Rosenberger, J. P., Andrias, Lérner, Saxe and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.