Giorgianni v. City of New York

—Order and judgment (one paper), Supreme Court, New York County (Franklin Weissberg, J.), entered on or about July 30, *1201997, unanimously vacated, on the law, the proceeding treated as one transferred to this Court pursuant to CPLR 7804 (g), and, upon such transfer and review, the determination of respondent Board of Standards and Appeals of the City of New York, which denied petitioners’ application for a zoning variance, unanimously confirmed, the petition denied, and the proceeding dismissed, without costs.

The IAS Court having improperly entertained the issue of substantial evidence…