New York City Board of Standards and Appeals vs In the Matter of George Pantelidis, 1 No. 129 SSM 6 (N.Y. 2008)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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1 No. 129 SSM 6

In the Matter of George Pantelidis, Respondent, v. New York City Board of Standards and Appeals, et al., Appellants, Joseph E. Sheehan, et al., Intervenors-Appellants.

Submitted by Tahirih M. Sadrieh, for appellants.

Submitted by Bruce H. Weiner, for intervenors-appellants.

Submitted by Paul Golden, for respondent.

Memorandum:

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered upon the ground that it is unnecessary.

An issue of fact existed whether petitioner relied in good faith upon the permit issued by the Department of Buildings. The courts below properly concluded that a hearing was necessary on that issue and that, in this setting, that hearing could be conducted by Supreme Court and not the agency. Moreover, because the record was sufficiently developed, Supreme Court, after conducting the good faith hearing, properly concluded as a matter of law that petitioner had satisfied the criteria set forth in the Zoning Resolution and that the Board of Standards and Appeals should issue the requested variance.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided May 1, 2008

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