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MATTER OF ROSENSTEIN v. CURRAN

21 A.D.2d 802 (1964)

In the Matter of Jack C. Rosenstein, Appellant, v. Richard Curran et al., Constituting The Board of Zoning Appeals of the Incorporated Village of Freeport, Respondents

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

June 10, 1964

Order affirmed, without costs.

In effect, the petitioner sought permission to vary the application of the local Building Code to his newly completed building. The building violated a provision of this code, and not any provision of the local Zoning Ordinance. Neither the statute (Village Law, § 179-b) nor the Building Code vested authority in the Board of Zoning Appeals to vary the application of the Building Code (cf. Matter of Cassety [Dobson], 255 App...

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