Lacitra v. Foley

The petitioners have instituted this proceeding under article 78 of the Civil Practice Act to restrain the Board of Standards and Appeals from proceeding with an application by a property owner, now pending before it, for a variance of the Zoning Resolution pursuant to subdivision 5 of section 666 of the New York City Charter. The petitioners assert that the board is acting without and in excess of jurisdiction and without due process of law. The basic contention of the petitioners is that the proceeding before the board is judicial or quasi-judicial and that they are entitled to trial in a…