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Matter of Rodzianko v. Bergman

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 621 (N.Y. App. Div. 1998)

Opinion

March 23, 1998


Ordered that the judgment is affirmed, with costs.

In determining whether to grant an application for an area variance, Village Law § 7-712-b (3) (b) requires a zoning board of appeals to balance "the benefit to the applicant * * * as weighed against the detriment to the health, safety and welfare of the neighborhood or community". The zoning board must apply the balancing test by addressing each of the five factors enumerated in the statute, based on the evidence before it (Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384; Matter of Malin v. Leibowitz, 229 A.D.2d 580).

In the instant case, the determination of the Zoning Board of Appeals of the Village of Nyack had a rational basis. The Board properly applied the balancing test as set forth in Village Law § 7-712-b (3) (b) and denied the application.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.


Summaries of

Matter of Rodzianko v. Bergman

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 621 (N.Y. App. Div. 1998)
Case details for

Matter of Rodzianko v. Bergman

Case Details

Full title:In the Matter of OLEG RODZIANKO et al., Appellants, v. JOANNE BERGMAN et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1998

Citations

248 A.D.2d 621 (N.Y. App. Div. 1998)
669 N.Y.S.2d 925