The New York State Law Digest publishes significant procedural developments, whether they come from important decisions of the Court of Appeals or other New York state (or federal) courts, statutory or rule amendments or particular local practice issues. The Law Digest keeps NYSBA members updated on issues that impact their everyday practices of law. Edited by David L. Ferstendig, the Law Digest is published monthly and distributed to members free of charge, as a benefit of membership.
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of Court of Appeals Holds Landmark Preservation Commission’s Decision to
Approve Development of Landmark Was Not Irrational or Affected by Error
Dissent Asserts That Removing Public Access Effectively
Rescinds Landmark Designation
New York City’s Landmark Preservation Commission (LPC) is
responsible for establishing and regulating the City’s landmarks. Under the
Landmarks Preservation Law (LPL), the LPC has the authority to designate
interior landmarks, defined as “[a]n interior, or part thereof, any part of
which is thirty years old or older, and which is customarily open or accessible
to the public, or to which the public is customarily invited, and which has a
special historical or aesthetic interest or value.” In addition, the LPC’s
express authorization is necessary before work can be done on a “landmark site”
or a structure “containing an interior landmark.” There are two types of
approval. The LPC can issue a “certificate of no effect” if the proposed work does
not “change, destroy or affect any exterior architectural feature . . . or any
interior architectural feature” of a landmark. Alternatively, if an application
seeks to “alter” or “demolish” a landmark, the LPC is required to issue a “certificate
of appropriateness” (COA) before such work can begin. Read more here.