Matter of Dwight School Neighbors v New York City Bd. of Stds. & Appeals (2004 NY Slip Op 08173)

Matter of Dwight School Neighbors v New York City Bd. of Stds. & Appeals

2004 NY Slip Op 08173 [12 AD3d 248]

November 16, 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 The Dwight School Neighbors et al., Appellants,
v
New York City Board of Standards and Appeals, Respondent, and The Dwight School, Intervenor-Respondent.

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Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 22, 2004, which denied the petition brought pursuant to CPLR article 78 seeking to annul a determination of respondent Board of Standards and Appeals which granted a variance to intervenor-respondent The Dwight School and dismissed the proceeding, unanimously affirmed, with costs against petitioners in favor of intervenor-respondent.

Since the record discloses that the challenged determination of respondent agency to grant a variance had a rational basis and is supported by substantial evidence, the determination may not be disturbed (see Matter of Cowan v Kern, 41 NY2d 591, 598 [1977]). Concur—Mazzarelli, J.P., Ellerin, Lerner, Friedman and Sweeny, JJ.