Matter of Peyton v. NYC Board of Standards and Appeals

Decision: 2020.12.17

Argument: 2020.11.18 vid. tr.

Whether doctrine of collateral estoppel barred CPLR article 78 proceeding challenging respondent New York City Board of Standards and Appeals’ resolution upholding New York City Department of Buildings’ decision granting permit for construction of a nursing home on multiple-building zoning lot where petitioners reside; Municipal Corporations. Whether respondent erred in calculating zoning lot’s open space ratio by including as open space roof-top garden to which petitioners did not have access.

Select one… NYCA Merits Briefs NYCA Other Materials Lower Court Decision Lower Court Materials

• City agency gets deference in interpreting really complicated zoning ordinance (Matter of Peyton v. N.Y.C. Board of Standards and Appeals).
• The November Session calendar is set (September 14, 2020).
• Case Summary – Matter of Peyton v. NYC Board of Standards and Appeals