MATTER OF ASCH v. GILLISPIE


14 A.D.2d 543 (1961)

In the Matter of Rhoda S. Asch et al., Appellants, v. Robert W. Gillispie, Jr., et al., Constituting The Zoning Board of Appeals, Town of Southold, Respondents, and Stephen Hornick et al., Intervenors-Respondents

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

July 5, 1961


Order reversed on the law and the facts, without costs; application granted; and the determination of the Zoning Board of Appeals granting a variance, annulled. Findings of fact implicit in the decision of the Special Term, which are inconsistent herewith, are reversed; and new findings of fact are made as indicated herein.

The record contains no proof of "practical difficulties or unnecessary hardships" within the meaning of paragraph B of section 801 of article...

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