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BIELLAK v. BD OF APPEALS

75 A.D.2d 435 (1980)

In the Matter of Alexander J. Biellak, Appellant, v. Zoning Board of Appeals of the Town of Perinton et al., Respondents

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

July 10, 1980

Attorney(s) appearing for the Case

Streppa, Osgood, Cleary, Persons & Gaenzle (Alan R. Persons of counsel), for appellant.

Anthony P. La Fay for respondents.

SCHNEPP, DOERR and WITMER, JJ., concur with HANCOCK, JR., J. P.; CALLAHAN, J., dissents and votes to affirm in an opinion.

HANCOCK, JR., J. P.

Petitioner Biellak appeals from a judgment dismissing his CPLR article 78 proceeding brought to annul the action of the Town of Perinton Zoning Board of Appeals in granting an area variance of the 50-foot front yard set-back requirement to respondent Koenig, Mr. Biellak's next door neighbor.

The pivotal question is whether the board's determination that the "applicant is * * * suffering...

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