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GREGORY v. TOWN OF CAMBRIA

69 N.Y.2d 655 (1986)

Shirley Gregory et al., Appellants, v. Town of Cambria et al., Respondents.

Court of Appeals of the State of New York.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Kenneth F. Astarita for appellants.

Gary M. Billingsley for Town of Cambria and others, respondents.

William M. Feigenbaum for Thomas Carter, doing business as Carter Trucking and Excavating Co., respondent.

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER and TITONE concur; Judges SIMONS and HANCOCK, JR., taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Under Town Law § 267 (5) an area variance may be granted on a showing of practical difficulty (Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Cowan v Kern, 41 N.Y.2d 591; Conley v Town of Brookhaven Zoning Bd. of Appeals,

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