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MATTER OF FUHST v. FOLEY

45 N.Y.2d 441 (1978)

In the Matter of Richard F. Fuhst, Appellant, v. Joseph Foley et al., Constituting the Zoning Board of Appeals of the Town of Greenburgh, Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1978.

Attorney(s) appearing for the Case

Alfred E. Page, Jr., James F. Donohue and Joseph J. Buderwitz, Jr., for appellant.

Joel H. Sachs, Town Attorney (Steven M. Silverberg of counsel), for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

The sole issue presented for our determination is whether the zoning board of appeals abused its discretion, as a matter of law, in denying the petitioner's application for an area variance based on "practical difficulties".

Richard F. Fuhst, the petitioner, is the owner of a one-family dwelling located in a residential zoning district of the Town of Greenburgh in the County of Westchester....

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