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Supreme Court, Bronx County, September 29, 2011
APPEARANCES OF COUNSEL
Rothkrug, Rothkrug & Spector (Simon H. Rothkrug of counsel), for petitioner. Michael A. Cardozo, Corporation Counsel (Amy J. Weinblatt of counsel), for respondents. {**34 Misc 3d at 633} OPINION OF THE COURT
Fernando Tapia, J.
This is a CPLR article 78 proceeding which involves a residential developer, the New York City Board of Standards and Appeals (BSA), and the New York City Department of Buildings (DOB).
Petitioner Mr. James Woods, through counsel, filed an order to show cause (OSC) which seeks to vacate and modify the final determination of the BSA regarding a variance.
On or about July 13, 2010, the BSA found that a DOB-issued "Stop Work Order" on
petitioner's [*2]two-family dwelling construction was valid, and therefore denied petitioner's application for a variance[FN1] to restore the building permits which would allow petitioner to complete construction.{**34 Misc 3d at 634}
After review of the OSC and opposition papers, and after a good faith hearing between petitioner and the DOB, this court hereby decides the following:
Petitioner's OSC is denied.
Did petitioner rely in good faith on the DOB-approved permits and plans, despite the DOB's adoption of several interpretations of NY City Zoning Resolution

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