Lefrak Forest Hills Corp. v. Galvin

Jasen, J. (dissenting).

I would reverse the order of the Appellate Division and reinstate the determination of the Board of Standards and Appeals. Viewing the record as a whole, I believe that the board’s determination is supported by substantial evidence and is not otherwise arbitrary or capricious. Further, I do not believe that Lefrak’s privilege under the building permit matured into a vested right to complete construction of the projected high-rise apartment complex. Indeed, I question the applicability of the traditional vested rights doctrine to this case. Finally, assuming, as the…