MATTER OF PARK HILL RESIDENTS' ASS'N, INC. v. CIANCIULLI


234 A.D.2d 464 (1996)

651 N.Y.S.2d 159

In the Matter of Park Hill Residents' Association, Inc., Petitioner, v. Joseph Cianciulli et al., Respondents

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

December 16, 1996


Adjudged that the petition is granted, on the law, without costs or disbursements, and the determination is annulled.

The petitioner challenges the granting of a use variance to the respondent Roger Nehme by the respondent Zoning Board of Appeals of the City of Yonkers (hereinafter the Zoning Board). We agree that the variance was improperly granted.

A use variance may be granted upon a showing of unnecessary hardship (see, General City Law § 81...

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