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MATTER OF FORREST v. EVERSHED

8 A.D.2d 753 (1959)

In the Matter of Clifford Forrest et al., Appellants, v. William Evershed et al., Constituting The Zoning Board of Appeals of the Town of Irondequoit, Respondents, and John J. O'Connell et al., Intervenors-Respondents

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

May 6, 1959

Final order affirmed, without costs.

HALPERN, J. (dissenting).

I do not think that the proof before the Zoning Board of Appeals was adequate to warrant a variance under the rule laid down in Matter of Otto v. Steinhilber (282 N.Y. 71) as reiterated in Matter of Crossroads Recreation v. Broz (4 N.Y.2d 39). The applicants claimed that they were unable to sell the vacant land in question for residential...

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