MATTER OF ALIPERTI v. TROTTA


35 A.D.3d 854 (2006)

827 N.Y.S.2d 274

In the Matter of JOSEPHINE ALIPERTI, Respondent, v. FRANK C. TROTTA et al., Appellants.

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

Decided December 26, 2006.


Ordered that the judgment is affirmed, with costs.

In determining whether to grant an area variance, a zoning board is required by Village Law § 7-712-b (3) 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 community if the variance is granted" (Matter of Ifrah v Utschig, 98 N.Y.2d 304, 307 [2002]; see Matter of Sasso...

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