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MATTER OF 111 CONDOMINIUM v. BOARD OF STDS. & APPEALS OF CITY OF NEW YORK

1068, 100198/14.

139 A.D.3d 443 (2016)

29 N.Y.S.3d 181

2016 NY Slip Op 03589

In the Matter of 111 Condominium et al., Appellants, v. BOARD OF STANDARDS AND APPEALS OF THE CITY OF NEW YORK, Respondents.

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

Decided May 5, 2016.

The Board's grant of a variance allowing Dalton to build an addition to its building does not constitute an ultra vires rezoning, since the variance would not change the essential character of the neighborhood (cf. Matter of Held v Giuliano, 46 A.D.2d 558, 559-560 [3d Dept 1975] [zoning board exceeded its authority in granting a variance permitting residential construction of lots with a greater density than allowed under a zoning...

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