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MATTER OF SIMPSON v. KING

38 N.Y.2d 1008 (1976)

In the Matter of Dolores M. Simpson, Appellant, v. Daniel King et al., Constituting the Zoning Board of Appeals of the Town of Harrison, et al., Respondents, and Gunther Knoepfler, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Frank M. Headley, Jr., and Peter P. Zeltner for appellant.

Ronald B. Bianchi, Deputy Town Attorney, for respondents.

Alvin Ashley and Sanford Solarz for intervenor-respondent.

Concur: Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE. Judge GABRIELLI dissents and votes to reverse in an opinion in which Chief Judge BREITEL concurs.

Order affirmed, with costs, on the memorandum at the Appellate Division (47 A.D.2d 634).

GABRIELLI, J. (dissenting).

I dissent and vote to reverse on the dissenting memorandum at the Appellate Division with the following additional comments: The doctrine of self-created hardship may not and should not be applied in this case. The hardship resulting from the division of lots 64 and 66 was not occasioned by any...

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