2008 NY Int. 65

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This opinion is uncorrected and subject to revision before publication in the Official Reports.

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2008 NY Slip Op 03996

Decided on May 1, 2008

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.

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