Matter of Yung Brothers Real Estate Co., Inc. v. LiMandri

In Matter of Yung Brothers Real Estate Co., Inc. v. LiMandri, 26 Misc 3d 1203[A], 906 N.Y.S.2d 784, 2009 NY Slip Op 52653[U] [Sup Ct, NY County 2009], the petitioners, having received an unfavorable ruling from the DOB on their request for a permit to install a sign based on a pre-existing non-conforming use, commenced an Article 78 proceeding seeking, inter alia, to stay the DOB from removing the sign or causing its removal. Not only had the petitioners proceeded by way of an Article 78 proceeding and exhausted their administrative remedies but it suggests that an application to the DOB may not be futile.