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Prohibition of Advertising Sign Upheld
Baychester Retail III LLC v. Perlmutter NYLJ 3/23/20, p. 18, col. 6 AppDiv, First Dept. (memorandum opinion)
In an article 78 proceeding challenging the Board of Standards and Appeals' denial of a permit for an advertising sign, applicant appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that BSA's determination to treat multiple panels as a single sign was not arbitrary and capricious.
Applicant sought a permit to install 27 panels separately affixed to a single monopole which, together, would project a single advertisement more than 9,000 square feet in area. The advertisement was to be illuminated and displayed near the New England Thruway in the vicinity of co-op city. The Board of Standards and Appeals concluded that the panels should be treated as a single structure violating restrictions on the size of advertising signs. Applicant brought this article 78 proceeding, and Supreme Court dismissed the proceeding.
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