IN THE MATTER OF SUFFERN II v. ZONING BOARD OF APPEALS OF TOWN OF GREENVILLE


17 A.D.3d 373 (2005)

792 N.Y.S.2d 562

In the Matter of MARC W. SUFFERN II, Appellant, v. ZONING BOARD OF APPEALS OF APPEALS OF TOWN OF GREENVILLE, Respondent.

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

April 4, 2005.


Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the determination is annulled, and the matter is remitted to the respondent for the issuance of the requested area variance forthwith.

"In determining the petitioner's application for an area variance, the [respondent] was required to engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or...

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