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IN THE MATTER OF VOMERO v. CITY OF NEW YORK

2006-09114

2008 NY Slip Op 07251

IN THE MATTER OF EDWARD J. VOMERO, respondent, v. CITY OF NEW YORK, ET AL., appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 30, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Tahirih M. Sadrieh of counsel), for appellants City of New York, Board of Standards and Appeals of City of New York, and Department of Buildings of City of New York.

Passarello & LaRosa (John Z. Marangos, Staten Island, N.Y., of counsel), for appellant G.A.C. Catering, Inc.

Samuel L. Scollar, Staten Island, N.Y., for respondent.

Before: Steven W. Fisher, J.P., Robert A. Lifson, Anita R. Florio, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the judgment is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

Pursuant to New York City Zoning Resolution § 72-21, in order to issue the requested use variance, the Board of Standards and Appeals of City of New York (hereinafter the BSA) was required...

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