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IN THE MATTER OF EFRAIM v. TROTTA

17 A.D.3d 463 (2005)

792 N.Y.S.2d 621

In the Matter of FRED EFRAIM, Appellant, v. FRANK C. TROTTA et al., Respondents.

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

April 11, 2005.

Ordered that the judgment is affirmed, with costs.

The criteria for determining an application for an area variance are set forth in Town Law § 267-b (3) (b) (see Matter of David Park Estates v Trotta, 283 A.D.2d 429, 430 [2001]). In making its determination under that statute, a zoning board of appeals must "engage in a balancing test, weighing the benefit to the applicant...

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