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MATTER OF COHEN v. HAHN

155 A.D.2d 969 (1989)

In the Matter of Leon Cohen, Respondent, v. Rosemary Hahn et al., Constituting The Zoning Board of Appeals of the City of Rochester, et al., Appellants

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

November 15, 1989

Order unanimously reversed on the law without costs, determination confirmed and petition dismissed.

Memorandum:

It was error for the court to order a hearing de novo in Supreme Court on petitioner's application for a use variance. The determination whether to grant a variance lies within the discretion of the zoning authorities and a reviewing court may not conduct a trial de novo (see, Matter of St. Onge...

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