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POINT LOOKOUT v. ZONING BD

112 Misc.2d 263 (1981)

In the Matter of Point Lookout Civic Association, Inc., et al., Petitioners, v. Zoning Board of Appeals of the Town of Hempstead et al., Respondents.

Supreme Court, Special Term, Nassau County.

December 21, 1981

Attorney(s) appearing for the Case

Pascarella, Dehler, Illmensee & Carra for petitioners. W. Kenneth Chave, Jr., Town Attorney, for Zoning Board of Appeals of Town of Hempstead and another, respondents. Cohn & Foley for Thomas O'Donnell and another, respondents.

ELI WAGER, J.

In the years since a less stringent standard of proof required of an applicant for an area variance than that theretofore required was judicially enunciated in Matter of Village of Bronxville v Francis (1 A.D.2d 236, affd 1 N.Y.2d 839) denials of applications for area variances by zoning boards have been frequently challenged in the courts, but there have been...

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