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JARMAIN v. HAMBURG

72 A.D.2d 575 (1979)

Robert Jarmain et al., Respondents, v. Donald Hamburg et al., Constituting The Board of Zoning Appeals of the Village of Lake Success, Appellants

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

October 22, 1979

Judgment reversed, on the law, determination of the board of zoning appeals confirmed, and proceeding dismissed on the merits, with costs.

In order to qualify for an area variance, an applicant must demonstrate that he cannot utilize his property without coming into conflict with the restrictions of a zoning ordinance (Matter of Fuhst v Foley, 45 N.Y.2d 441, 445). The petitioners...

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