Matter of 620 Broadway Hous. Corp. v City Planning Commn. of City of N.Y. (2004 NY Slip Op 07997)

Matter of 620 Broadway Hous. Corp. v City Planning Commn. of City of N.Y.

2004 NY Slip Op 07997 [12 AD3d 215]

November 9, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2005

In the Matter of 620 Broadway Housing Corporation et al., Appellants,
v
City Planning Commission of the City of New York et al., Respondents.

—[*1]

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered December 5, 2003, which denied petitioners' application to annul respondent City Planning Commission's (CPC) determination granting respondent developer a special use permit and dismissed the petition, unanimously affirmed, without costs.

No basis exists to disturb CPC's finding that the single expression of interest received by the developer in response to its efforts to rent the space for a permitted use (NY City Zoning Resolution § 74-781) was not bona fide (see Matter of Cowan v Kern, 41 NY2d 591, 598 [1977]; Matter of Supkis v Town of Sand Lake Zoning Bd. of Appeals, 227 AD2d 779, 781 [1996]). Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and Catterson, JJ.