Opinion
March 29, 2000.
Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.
PRESENT: PINE, J. P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied the petition seeking to annul respondents' determination denying an area variance ( see, Town Law § 267-c Town [1]). Petitioner failed to present "dollars and cents" proof in support of his contention that the denial of the variance amounted to a confiscatory taking ( see, Matter of Khan v. Zoning Bd. of Appeals, 87 N.Y.2d 344, 352, rearg denied 87 N.Y.2d 1056). Petitioner's contention that literal application of the zoning regulations results in a practical difficulty or unnecessary hardship "is not raised in the CPLR article 78 petition, and thus it is not preserved for our review" ( Matter of Kemp v. Erie County Dept. of Social Servs., ___ A.D.2d ___ [decided Nov. 12, 1999]; see, Gregory v. Town of Cambria, 69 N.Y.2d 655, 656-657; Matter of Sinclair v. Coughlin, 136 A.D.2d 645). In any event, Town Law § 267-b Town (3)(b) eliminates any express reference to "practical difficulties or unnecessary hardships" (Town Law former § 267 Town [5]) as the standard for the issuance of area variances ( see, Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384).