MATTER OF SBUTTONI v. TOWN OF EAST GREENBUSH ZONING BD. OF APPEALS


172 A.D.2d 940 (1991)

In the Matter of Patrick Sbuttoni et al., Respondents, v. Town of East Greenbush Zoning Board of Appeals, Appellant

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

April 11, 1991


Mikoll, J.

The primary question presented on this appeal is whether the determination of respondent granting an area variance, on the ground that the applicant property owners demonstrated a "practical difficulty" in the use of the land, has a rational basis and is supported by substantial evidence in the record. Supreme Court held that the determination was without a rational basis and not supported by substantial...

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