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MATTER OF GOVERNALE v. BD. OF APPEALS OF THE TOWN OF BROOKHAVEN

121 A.D.2d 539 (1986)

In the Matter of Carl Governale, Appellant, v. Board of Appeals of the Town of Brookhaven et al., Respondents

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

June 16, 1986

Judgment reversed, on the law, without costs or disbursements, petition granted, determination annulled, and application for a use variance denied.

Where a use variance is sought, the applicant must show practical difficulties and unnecessary hardship (Matter of Consolidated Edison Co. v Hoffman, 43 N.Y.2d 598, 607). "`Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary hardship...

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