Galin v. Board of Estimate

Yesawich, Jr., J. (dissenting).

In my view the Board of Estimate erred when it disapproved the BSA decision and Special Term by its order merely compounded that error. The Board of Estimate’s reviewing authority is restricted and unless it can be said the BSA’s action was totally unjustified, the Board of Estimate was without authority to alter it. The record discloses the City Planning Commission did not object to the proposed variance and that in reaching its unanimous decision the BSA, aware of the criteria to be met on an area variance application, conducted hearings, had a committee…