Highpoint Enterprises, Inc. v. Board of Estimate

Titone, J.,

dissents and votes to affirm the judgment, with the following memorandum: In my opinion, the Board of Estimate, under section 668 of the New York City Charter, had jurisdiction to review the action of the Board of Standards and Appeals in this instance. The scope of its jurisdiction included the right to review the application of the petitioner de novo and its determination after a hearing rejecting the application had a rational basis in the record.

JURISDICTION OF BOARD OF ESTIMATE

From the step-by-step procedure set forth in section 668 of the New York City Charter, as approved by…