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IN THE MATTER OF RICHTER v. CURRAN

5 A.D.3d 687 (2004)

774 N.Y.S.2d 754

In the Matter of BARRY RICHTER et al., Respondents, v. WILLIAM CURRAN et al., Appellants, et al., Respondents.

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

March 22, 2004.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

In making a determination whether to grant an area variance, a zoning board must "engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community if the variance is granted" (Matter of Ifrah v Utschig, 98 N.Y.2d 304, 307 [2002], citing

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