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MATTER OF EDGEWATER APTS., INC. v. NEW YORK CITY PLANNING COMMN.

9968. 152211/18.

177 A.D.3d 576 (2019)

2019 NY Slip Op 08541

In the Matter of Edgewater Apartments, Inc., Appellant, v. New York City Planning Commission et al., Respondents.

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

Decided November 26, 2019.

The Commission's determination that "the facts upon which the ... special permit was granted have not substantially changed" (NY City Zoning Resolution § 11-43) was rationally based in the record and not contrary to law (see Matter of Silverman v Carrion, 146 A.D.3d 570, 571 [1st Dept 2017]; Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46...

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