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MATTER OF FUHST v. FOLEY

57 A.D.2d 956 (1977)

In the Matter of Richard F. Fuhst, Respondent, v. Joseph Foley et al., Constituting The Zoning Board of Appeals of the Town of Greenburgh, County of Westchester, Appellants

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

May 31, 1977

Judgment reversed, on the law, without costs or disbursements, determination confirmed, and proceeding dismissed on the merits.

We note that, accepting the appropriate standard for an area variance to be the standard enunciated in the dissenting memorandum, namely, "practical difficulties" rather than "unnecessary hardship", nevertheless there was insufficient proof to demonstrate "practical difficulties" (see Van Deusen v Jackson, 35 A.D.2d...

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