COHEN v. APPEALS BD.


297 A.D.2d 38 (2002)

746 N.Y.S.2d 506

In the Matter of JACK COHEN, Respondent, v. BOARD OF APPEALS OF THE VILLAGE OF SADDLE ROCK, Appellant.

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

August 26, 2002.


Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Mineola (A. Thomas Levin and Jayson J.R. Choi of counsel), for appellant.

Sylvor & Richman, LLP, New York City (Iris S. Richman of counsel), for respondent.

ALTMAN, FLORIO and GOLDSTEIN, JJ., concur.


OPINION OF THE COURT

SANTUCCI, J.

On this appeal we consider the question of whether, upon an application for an area variance, the "practical difficulty" standard set forth in the Code of the Village of Saddle Rock (hereinafter the Village Code) is preempted by the statutory criteria expressed in Village Law § 7-712-b (3). For the reasons set forth below, we conclude that the question should be answered in the affirmative and that Village Law §...

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