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MATTER OF PERRI v. ZONING BD. OF APPEALS OF INC. VILL. OF SCARSDALE

283 A.D. 818 (1954)

In the Matter of Michael S. Perri et al., Petitioners, v. Zoning Board of Appeals of Incorporated Village of Scarsdale et al., Respondents, and Laura C. Burgess, Intervener, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 22, 1954.

Determination unanimously confirmed, with one bill of $50 costs and disbursements.

The board acted upon a reasonable basis and on sufficient evidence to permit the exercise of its discretionary powers under subdivision (g) of section 154 of the Zoning Ordinance. The case is distinguishable from those which arise under section 179-b of the Village Law, where a use variance is sought, in which unique hardship must be established. (Cf. Matter of Douglaston Civic Assn...

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