MATTER OF COWAN v. KERN


41 N.Y.2d 591 (1977)

In the Matter of Randolph Cowan, Respondent, v. Roy M. Kern et al., Constituting the Zoning Board of Appeals of the Town of Smithtown, Appellants.

Court of Appeals of the State of New York.

Decided April 5, 1977.


Attorney(s) appearing for the Case

Dudley L. Lehman, Smithtown, for appellants.

Sidney N. Gitelman, East Northport, for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG concur with Judge JASEN; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge COOKE concurs.


JASEN, J.

The sole issue presented on this appeal is whether the Zoning Board of Appeals abused its discretion, as a matter of law, in denying petitioner's application for a zoning variance.

In January 1970, petitioner Randolph Cowan purchased, at a tax sale, a substandard parcel of land in the Ronkonkoma Heights section of the Town of Smithtown. The parcel consists of three separate building lots and...

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