Galin v. Board of Estimate

Because the decisions of both the Board of Estimate and of the Appellate Division are based upon a factual assumption for which there is no support in the record and because the Appellate Division decision applied an improper standard with respect to the Board of Estimate’s power of review of the determination of the Board of Standards and Appeals (BSA) granting the variance requested, I respectfully dissent.

That the Board of Estimate misapprehended the nature of the application made to the BSA is apparent from its finding that “the proposed extension would occupy the entire rear yard,…