Court issues its decision upholding the BSA’s grandfathering

Dear ERFA Friends, Neighbors and Concerned Citizens,

Just a few days ago we wrote to you to express our outrage that the Court had not yet rendered a decision on our Article 78 appeal seeking to reverse the Board of Standards and Appeals determination that “grandfathered” construction of a megatower at the 430 East 58th Street site rather than requiring the developer to conform to the new zoning which we all worked so hard to achieve.

Well, our wait is over but our outrage has only grown.

Yesterday, the Court issued its decision upholding the BSA’s grandfathering.

We wish we could tell you that the Court fairly considered our arguments before rejecting them in favor of the developer. But we cannot.

The Court’s written opinion lists the documents that were reviewed as a basis for reaching a decision, and it is alarming to see that – notwithstanding that 13 months have elapsed since our December 2018 hearing — much of the most important material our lawyer presented to cogently make our case to the Court was not even read. The Court appears to have been much more inclined to focus on the material submitted by the developer.

As you can imagine, we are shocked and appalled! The question now is, where do we go from here?

We are sending you this message today to expeditiously bring you up-to-date, but we need a little more time to evaluate the appropriate path forward.

We look forward to seeing you at our upcoming Town Hall meeting, scheduled for Thursday, January 23rd, 8 am at Morso Restaurant, 420 East 59th Street, to share more information and hear your opinions.


Your ERFA Leadership Team

Alan Kersh, Jessica Osborn, Lisa Mercurio and Eleanor Mascheroni

Your feedback