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MATTER OF BAUSCH v. MINSKER

197 A.D.2d 837 (1993)

602 N.Y.S.2d 248

In the Matter of Helga I. Bausch, by Andreas Bausch, Appellant, v. John M. Minsker et al., Constituting The Zoning Board of Appeals of the Village of East Aurora, Respondents

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

October 1, 1993

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed petitioner's CPLR article 78 proceeding, which sought to annul respondents' determination denying petitioner's application for a use variance. Petitioner failed to establish that no reasonable return could be achieved under a permitted use of the property and thus failed to meet the requisite showing of unnecessary hardship (Matter of Village Bd. v Jarrold,

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