Matter of Homes for the Homeless, Inc. v Board of Standards and Appeals of City of N.Y.

Matter of Homes for Homeless, Inc. v Board of Stds. & Appeals of City of N.Y. 2006 NY Slip Op 06376 [7 NY3d 822] September 12, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 08, 2006

[*1] In the Matter of Homes for the Homeless, Inc., Respondent,
v
Board of Standards and Appeals of the City of New York, Appellant.

Decided September 12, 2006

Matter of Homes for Homeless, Inc. v Board of Stds. & Appeals of City of N.Y., 24 AD3d 340, reversed.

APPEARANCES OF COUNSEL

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.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, the petition [*2]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. of Stds. & Appeals, 95 NY2d 437, 440 [2000]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.