MATTER OF MIDGETT v. SCHERMERHORN


24 A.D.2d 572 (1965)

In the Matter of Carl Midgett, Respondent, v. William Schermerhorn et al., Constituting The Zoning Board of Appeals of the Town of Islip, Appellants

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

July 6, 1965


Judgment reversed on the law and facts, without costs, and petition dismissed, without costs. Findings of fact inconsistent herewith are reversed and new findings made as indicated herein.

Petitioner is in practical difficulty with his property which lacks 4.1 feet in the side yard setback requirement because of his own error in accepting title with knowledge that a certificate of occupancy had been denied because of that deficiency. The facts that his grantor, the...

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