MATTER OF ZWITZER v. ZONING BD. OF APPEALS OF THE TOWN OF CANANDAIGUA


74 N.Y.2d 756 (1989)

In the Matter of Richard D. Zwitzer et al., Respondents, v. Zoning Board of Appeals of the Town of Canandaigua, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1989.


Attorney(s) appearing for the Case

A. Paul Britton and Susan A. Roberts for appellant.

Thomas G. Collins for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

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

We agree, for so much of the reasons stated in the majority memorandum of the Appellate Division, that the Board of Zoning Appeals lacked a rational basis for granting only a partial 4% area variance rather than the entreatied 7% one. Petitioner property owner, having established to the satisfaction

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