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IN THE MATTER OF GONZALEZ v. ZONING BOARD OF APPEALS OF TOWN OF PUTNAM VALLEY

3 A.D.3d 496 (2004)

771 N.Y.S.2d 142

In the Matter of MERCEDES GONZALEZ, Respondent, v. ZONING BOARD OF APPEALS OF TOWN OF PUTNAM VALLEY, Appellant.

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

January 12, 2004.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly annulled that portion of the determination of the Zoning Board of Appeals of the Town of Putnam Valley (hereinafter the Zoning Board). Although the petitioner's difficulty arguably was self-created, there was no evidence that the grant of the variances would "have an undesirable effect on the character of the neighborhood, adversely impact on physical and environmental...

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