1491 Richmond Road, LLC v. New York City Board of Standards & Appeals

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Board of Standards and Appeals dated October 26, 2004 which modified the certificate of occupancy issued by the respondent New York City Department of Buildings to provide that a nonconforming retail use may not be maintained on the first floor of the subject premises.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

*615The Supreme Court erroneously transferred this proceeding to this Court pursuant to CPLR 7804 (g) (see…