Community Board No. 4 v. Board of Estimate of New York

OPINION OF THE COURT

Edward H. Lehner, J.

Motions No. 150 and 184 of October 6, 1981 are hereby consolidated for disposition.

These motions raise the issue, on which there is no direct authority, as to whether a local community board in the City of New York has standing to judicially challenge the grant of a zoning variance.

The petitioner, Community Board No. 4, brings this article 78 proceeding to annul the decision of the Board of Estimate which affirmed the grant of a zoning variance by the Board of Standards and Appeals (BSA) permitting a conversion of space to residential use in an…