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MATTER OF PRESERVE BAMS HISTORIC DIST. INC. v. LANDMARKS PRESERV. COMMN. OF THE CITY OF N.Y.

Index No. 160481/20. Appeal No. 440. Case No. 2022-01391.

217 A.D.3d 512 (2023)

191 N.Y.S.3d 371

2023 NY Slip Op 03208

In the Matter of Preserve BAMS Historic District Inc., et al., Appellants, v. Landmarks Preservation Commission of the City of New York, Respondent, and 130 St. Felix Street, LLC, Intervenor-Respondent.

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

Decided June 13, 2023.

Attorney(s) appearing for the Case

Michael S. Gruen, New York, for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for Landmarks Preservation Commission of the City of New York, respondent.

Fried, Frank, Harris, Shriver & Jacobson, LLP, New York (Janice Mac Avoy of counsel), for 130 St. Felix Street, LLC, respondent.

Concur—Oing, J.P., Singh, Moulton, Scarpulla, Shulman, JJ.

Judgment (denominated an order), Supreme Court, New York County (Eileen Rakower, J.), entered October 26, 2021, denying, as premature, the petition challenging an August 4, 2020 vote by respondent New York City Landmarks Preservation Commission to conditionally approve an application by intervenor-respondent for a certificate of appropriateness, and granting respondents' motions to deny the petition and dismiss the proceeding brought pursuant to CPLR article 78, unanimously...

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