MATTER OF PETIKAS v. O'LEARY


170 A.D.2d 684 (1991)

In the Matter of Nicholas Petikas, Appellant, v. John O'Leary, as Chairman of The Board of Zoning Appeals of the Town of Oyster Bay, et al., Respondents

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

February 25, 1991


Ordered that the judgment is affirmed, with costs.

The petitioner claims that the Board of Zoning Appeals of the Town of Oyster Bay arbitrarily and unreasonably rejected his claim that the subject property was "single and separate" from adjoining premises, thereby entitling him to the variance as of right. Even if a merger had occurred, he argues that the variance should have been granted on the ground of "practical difficulties". We disagree.

"It is settled...

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