25-50 FLB, LLC v. Srinivasan
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Standards and Appeals of the City of New York dated January 11, 2011, which, after a hearing, denied the petitioner’s appeal from a determination of the Department of Buildings of the City of New York revoking its alteration permit, the petitioner appeals from a judgment of the Supreme Court, Queens County (Markey, J.), entered July 12, 2012, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
A determination of the Board of Standards and Appeals of the City of New York (hereinafter the BSA) may not be set aside in the absence of illegality, arbitrariness, or abuse of discretion (see Matter of Ward v Bennett, 79 NY2d 394 [1992]; Matter of Mainstreet Makeover 2, Inc. v Srinivasan, 55 AD3d 910 [2008]; CPLR 7803 [3]). “In applying the ‘arbitrary and capricious’ standard, a court inquires whether the determination under review had a rational basis” (Matter of Halperin v City of New Rochelle, 24 AD3d 768, 770 [2005]; cf. CPLR 7803 [4]).
The petitioner’s remaining contentions are without merit.
Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. Dillon, J.E, Hall, Cohen and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.