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  5. 33 A.D.2d 1046 (1970)
 

MATTER OF 113 HILLSIDE AVE. CORP. v. ZAINO

33 A.D.2d 1046 (1970)

In the Matter of 113 Hillside Avenue Corp., Respondent, v. Lawrence F. Zaino et al., Constituting The Board of Appeals of the Incorporated Village of Westbury, Appellants

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

February 25, 1970

Judgment affirmed, without costs.

Petitioner's application for an area variance was denied by the board on the ground that the granting thereof would be detrimental to the "public health, safety and welfare". In our opinion, that conclusion is not supported by substantial evidence; hence, the Board's determination cannot stand. The board found that "the dimensions of the plot are not normal for this area thereby affecting the light and air", despite the facts that...

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