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CIRRITO v. ZONING BD. OF APPEALS OF THE TOWN OF WHEATFIELD

197 A.D.2d 850 (1993)

602 N.Y.S.2d 275

Samuel Cirrito, Appellant, v. Zoning Board of Appeals of the Town of Wheatfield, Respondent

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 the CPLR article 78 petition challenging respondent's denial of petitioner's application for an area variance. To be entitled to an area variance, petitioner had the burden of establishing that strict application of the zoning ordinance would result in practical difficulties (see, Matter of Fuhst v Foley, 45 N.Y.2d 441

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