MATTER OF FEDELE v. BARUCH


67 A.D.2d 683 (1979)

In the Matter of Eugene Fedele et al., Appellants, v. Steven Baruch et al., Constituting The Zoning Board of Appeals of the Town/Village of Harrison, et al., Respondents

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

January 15, 1979


Judgment affirmed, with one bill of costs payable jointly to respondents.

We hold under the circumstances present here, that petitioners were not prejudiced by the lack of a transcript or by the zoning board's refusal to reopen the hearing. The determination must be confirmed because the record supports the view that the respondent property owner would be confronted with practical difficulties unless granted a variance (cf. Conley v Town of Brookhaven Zoning Bd...

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