MATTER OF FUSCO v. RUSSELL


283 A.D.2d 936 (2001)

725 N.Y.S.2d 255

In the Matter of RALPH W. FUSCO et al., Respondents, v. GENE RUSSELL et al., CONSTITUTING ZONING BOARD OF TOWN OF WEBB, Appellants.

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

Decided May 2, 2001.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the petition to vacate the determination of the Zoning Board of the Town of Webb (Board) denying petitioners' application for an area variance. The Board failed to engage in the requisite balancing test, "considering the factors outlined in [Town Law § 267-b (3) (b)] and weighing the benefit to the applicant[s] against the detriment to the health, safety and welfare...

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