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MATTER OF LAURO v. TOWN OF BROOKHAVEN

94 A.D.2d 703 (1983)

In the Matter of The Estate of Angelina Lauro, Deceased, et al., Respondents, v. Town of Brookhaven et al., Appellants

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

May 2, 1983

Leave to appeal is hereby granted by Justice Gulotta. Order reversed, on the law, without costs or disbursements, and appellants' motion to dismiss the proceeding granted.

It is clear from the record that the relief petitioners are seeking may only be had by the granting of a use variance. Where such a use variance is sought, the applicant must show practical difficulties and unnecessary hardship (Matter of Consolidated...

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