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Warm v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 717 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Suffolk County (Kitson, J.)


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the petitioner's contention, the respondent Zoning Board of Appeals of the Incorporated Village of Port Jefferson, in granting his neighbors' application for an area variance, correctly applied the balancing test contained in Village Law § 7-712-b (3) (b) ( see, Matter of Sasso v. Osgood, 86 N.Y.2d 374; Matter of Malin v. Leibowitz, 229 A.D.2d 580; Matter of Eccles v Zoning Bd. of Appeals, 224 A.D.2d 525). Accordingly, its determination was neither irrational nor unreasonable and, thus, was properly sustained by the Supreme Court ( see, Knight v. Amelkin, 68 N.Y.2d 975; Matter of Fuhst v. Foley, 45 N.Y.2d 441; Matter of Allen v Adami, 39 N.Y.2d 275; Aim Rent a Car v. Zoning Bd. of Appeals, 156 A.D.2d 323).

The petitioner's remaining contentions lack merit.

Copertino, J.P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

Warm v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 717 (N.Y. App. Div. 1997)
Case details for

Warm v. Zoning Board of Appeals

Case Details

Full title:In the Matter of HILLARD WARM, Appellant, v. ZONING BOARD OF APPEALS OF…

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

Date published: Oct 27, 1997

Citations

243 A.D.2d 717 (N.Y. App. Div. 1997)
664 N.Y.S.2d 565