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MATTER OF SASSO v. OSGOOD

86 N.Y.2d 374 (1995)

657 N.E.2d 254

633 N.Y.S.2d 259

In the Matter of Lawrence M. Sasso et al., Respondents, v. Elliott Osgood et al., Constituting the Zoning Board of Appeals of the Town of Henderson, Respondents. Gerald G. Speach, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Coulter, Fraser, Bolton, Bird & Ventre, Syracuse (P. David Twichell of counsel), for intervenor-appellant.

Schwerzmann & Wise, P. C., Watertown (Richard J. Graham of counsel), for Elliott Osgood and others, respondents.

Fix, Spindelman, Brovitz, Turk, Himelein & Shukoff, P. C., Rochester (Karl S. Essler and Joseph T. Coolican of counsel), for Lawrence M. Sasso and another, respondents.

Rice & Amon, Suffern (Terry Rice and Sheldon Damsky of counsel), for New York Planning Federation, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

This appeal requires us to interpret the provisions of recently enacted Town Law § 267-b (3) regulating area variances. Specifically, the question is whether the provisions of the statute are exclusive or whether an applicant for an area variance must make a showing of "practical difficulties." The Appellate Division came to the latter conclusion that, the provisions of the statute notwithstanding...

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