Matter of Yung Bros. Real Estate Co., Inc. v Limandri

Matter of Matter of Yung Bros. Real Estate Co., Inc. v Limandri 2012 NY Slip Op 01114 Decided on February 14, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2012
Mazzarelli, J.P., Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ.
6787 111986/09

[*1]In re Yung Brothers Real Estate Co., Inc., et al., Petitioners,

v

Robert D. Limandri, etc., et al., Respondents.




Novack Burnbaum Crystal LLP, New York (Howard C. Crystal
of counsel), for petitioners.
Michael A. Cardozo, Corporation Counsel, New York (Ronald
E. Sternberg of counsel), for respondents.

Determination of respondent New York City Department of Buildings, dated August 11, 2009, which ordered petitioners to remove an outdoor advertising sign from their premises, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Supreme Court, New York County [Walter B. Tolub, J.], entered December 31, 2009), dismissed, without costs.

The ALJ correctly found that, to demonstrate their right to maintain the nonconforming advertising sign on their premises, petitioners were required to show that there was an advertising sign on the premises at the time the ordinance prohibiting advertising signs took effect (see Matter of Syracuse Aggregate Corp. v Weise, 51 NY2d 278, 284 [1980]). The ALJ's determination
that petitioners failed to make this showing is supported by
substantial evidence.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 14, 2012

CLERK