Appellate Division of the Supreme Court of the State of New York May 9, 2005 (Red Hook/Gowanus Chamber of Commerce v. New York City Board of Standards)

*559In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Board of Standards and Appeals dated December 23, 2003, which, after a hearing, inter alia, granted the application of 160 Imlay Street Real Estate, LLC, for a use variance, New York City Board of Standards and Appeals and City of New York appeal, by permission, from an order of the Supreme Court, Kings