MATTER OF WARM v. ZONING BD. OF APPEALS OF INC. VILL. OF PORT JEFFERSON


243 A.D.2d 717 (1997)

664 N.Y.S.2d 565

In the Matter of Hillard Warm, Appellant, v. Zoning Board of Appeals of Incorporated Village of Port Jefferson et al., Respondents

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

October 27, 1997


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the petitioner's contention, the respondent Zoning Board of Appeals of the Incorporated Village of Port Jefferson, in granting his neighbors' application for an area variance, correctly applied the balancing test contained in Village Law § 7-712-b (3) (b) (see, Matter of Sasso v Osgood, 86 N.Y.2d 374; Matter of Malin v Leibowitz...

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