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: Appeal
Council Land Use Subcommittee Hears Testimony on Proposal for New Willamsburg Mixed-Use Manufacturing Building
The new building would bring manufacturing-based jobs to an industrial district, which has shifted focus to nightlife-oriented buildings and activities in the past few decades. On June 14, 2016, the City Council Subcommittee on Zoning and Franchises held a public hearing on an application for a zoning text amendment to allow for industrial space to be built in an area zoned for community space and for a special permit to amend off-street parking requirements to … <Read More>
BSA Grants Variance for Transfer of Development Rights to Facilitate Merging of Property
The transferring property was granted a variance 35 years ago, but the value of the development rights has since sky-rocketed. On March 8, 2016, the Board of Standards and Appeals unanimously voted to grant Charlton Cooperative Corporation’s request for a variance to transfer unused development rights from the applicant’s property, located at 112 Charlton Street, to an adjacent property, located at 108 Charlton Street, in Manhattan’s Special Hudson Square District. Because the site … <Read More>
Ellen Hoffman: President of the New York City Tax Commission
Ellen Hoffman, a lawyer for 40 years, earned a JD from New York University School of Law in 1977 and an LLM in Taxation in 1978. She began her career in tax law at a private firm in New York City, when after 11 years, she felt the urge to do something different. Hoffman stumbled upon a posting for a tax attorney position with the New York City Department of Finance and, as Hoffman … <Read More>
Appellate Division Overturns BSA Denial of Sign Registration
The Board of Standards and Appeals had denied the application based on its finding that the signage was an art installation rather than an “advertising sign,” as defined in the Zoning Resolution. Local Law 31 of 2005 amends the regulations governing the usage of outdoor advertising signs by requiring companies engaged in outdoor advertising to submit to the Department of Buildings an exhaustive list of all of the companies’ “signs, sign structures and sign locations” … <Read More>
How Small is Too Small: the Trivial Doctrine in New York Law
How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for … <Read More>