9th & 10th Street L.L.C. v. Board of Standards & Appeals

OPINION OF THE COURT

Catterson, J.

In this CPLR article 78 proceeding, the Department of Buildings’ (DOB) denial of a building permit to the petitioner on the grounds that petitioner could not produce documentation of eventual institutional control over a proposed dormitory building constituted an impermissible administrative anticipatory punishment.

On July 20, 1998, the petitioner acquired block 392, lot 10 (known both as 605 East 9th Street and as 350 East 10th Street) from the City of New York through public auction for $3,150,000. The deed contains the following restriction: “Use and…