President of the operating engineers challenged new rules on crane operator licenses. Edwin L. Christian, President and Business Manager of the International Union of Operating Engineers, filed an article 78 petition challenging amendments to the rules of the City of New York promulgated by the Department of Buildings regarding licensing for crane operators. Christian challenged the adoption of a rule which dispensed with the requirement that, for a class A license, the applicant must have … <Read More>
Search Results for: Article 78
Clock Tower LPC Certificate Annulled By Court
Justice found Landmarks had authority mandate public access to interior landmark, and require that historic clock’s operation remain mechanical. The Landmarks Preservation Commission designated the interior of the former New York Life Insurance Company Building, at 346 Broadway as an interior landmark in 1987. The designated space includes the “Clocktower Suite” inside a tower at the top of the building. A spiral staircase and machinery room for the four clock faces on the tower, … <Read More>
Court Rejects Developer’s Attempt to Appeal Denial of Hardship Application
Stahl York Avenue Company is unable to demolish and redevelop two Lenox Hill apartment buildings due to Landmark designation. On January 8, 2016, New York County Supreme Court Justice Michael D. Stallman denied an article 78 petition filed by Stahl York Avenue to allow redevelopment a portion of the site known as the City and Suburban Homes Company, First Avenue Estate. The Landmarks Preservation Commission designated this location in 1990 and amended the … <Read More>
Appellate Court Upholds Council’s Special Permit Denial
City Planning Commission had approved the permit to operate a Bronx homeless shelter. Liska NY, Inc. had constructed an eight-story homeless shelter at 731 Southern Boulevard in the Longwood area of the Bronx. The shelter exceeded the height, setback, and floor area ratio limits for the site and on August 21, 2013 the City Planning Commission approved Liska’s request for a special permit to legalize the building. On October 9, 2013 the City Council voted … <Read More>
Appellate Division Upholds Homeless Shelter Siting
Court agreed DHS met their burden under the Fair Share Criteria. In 2012 the Department of Homeless Services opened Freedom House, a 200-family homeless shelter at 316-330 West 95th Street in Manhattan’s Upper West Side on an emergency contract. When the emergency contract expired, then-Comptroller John C. Liu declined to register the permanent contract. A community group, Neighborhood In The Nineties, filed an Article 78 petition to enjoin the Comptroller from registering the … <Read More>
Nonprofit’s Parking Facilities Ruled Subject to Property Tax
Court of Appeals reversed decision of Appellate Division recognizing a tax exemption. In 2011, the Department of Finance revoked a property tax exemption granted for five public parking facilities owned by the nonprofit Greater Jamaica Development Corporation and its LLC, Jamaica First Parking. The exemption, granted in 2007 pursuant to RPTL §420-a in recognition of Greater Jamaica’s mission to spur development and growth in the downtown Jamaica area, was revoked on the grounds that operating … <Read More>