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MATTER OF STOP IRRESPONSIBLE FRICK DEV. v. NEW YORK CITY BD. OF STDS.

Index No. 154171/20. Appeal No. 15122. Case No. 2020-04944.

201 A.D.3d 556 (2022)

162 N.Y.S.3d 32

2022 NY Slip Op 00364

In the Matter of Stop Irresponsible Frick Development et al., Appellants, v. New York City Board of Standards and Appeals et al., Respondents.

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

Decided January 20, 2022.

Attorney(s) appearing for the Case

The Law Offices of Jack L. Lester, East Hampton (Jack L. Lester of counsel), for appellants.

Georgia M. Pestana, Corporation Counsel, New York (MacKenzie Fillow of counsel), for The New York City Board of Standards and Appeals, respondent.

Kramer Levin Naftalis & Frankel LLP, New York (Jeffrey L. Braun of counsel), for The Frick Collection, respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Higgitt, JJ.

As an initial matter, we decline to dismiss this appeal as moot, in accordance with this Court's October 12, 2021 decision denying The Frick Collection's motion to dismiss (2021 NY Slip Op 72997[U] [1st Dept 2021]).

Nonetheless, we find that the BSA providently exercised its "wide discretion" when granting the variance, as the determination "has a rational basis and is supported by substantial evidence" (Matter of SoHo...

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