MATTER OF ACIERNO v. BARR


28 A.D.2d 541 (1967)

In the Matter of Frank Acierno, Appellant-Respondent, v. Harry Barr et al., Constituting The Board of Zoning Appeals of the Incorporated Village of East Hills, Respondents-Appellants

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

May 8, 1967


Appeal from decision dated July 16, 1965, dismissed, without costs. No appeal lies from a decision. Cross appeal from order of said court dated September 17, 1965, dismissed insofar as appealed from, without costs, as academic.

Petitioner urged the doctrine of practical difficulty, claiming that the plot became substandard by the State's condemnation of about two thirds of an acre of the plot, leaving little more than a third of an acre. In our opinion, the proof...

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