East 91st Street Neighbors to Preserve Landmarks, Inc. v. New York City Board of Standards & Appeals

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered April 17, 2001, which denied and dismissed the petition, brought pursuant to CPLR article 78, to, inter alia, set aside a resolution of respondent Board of Standards and Appeals dated January 9, 2001, granting an amendment to a previously granted zoning variance to allow respondent Sacred Heart to erect an 85 foot high, 3268 square foot tower to be located in a portion of the side yard between the school’s buildings located at 1 and 9 East 91st Street in Manhattan, unanimously affirmed, without costs.

*127Inasmuch as there was a…