Cohen v. Silva

Initially, we note that the Supreme Court improvidently exercised its discretion in remitting this matter without explaining the grounds upon which the remittitur was made. In any event, this matter need not be remitted to the Supreme Court to clarify its order since it is clear that the determination of the Board of Standards and Appeals of the City of New York (hereinafter the Board) denying the petitioners’ application for a zoning variance was based on substantial evidence in the record as a whole and was neither illegal nor arbitrary and capricious.

As the Board properly determined, the…