—[*1] 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. Concur—Mazzarelli, J.P., Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.