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Matter of Becvar v. Scheyer

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 842 (N.Y. App. Div. 1998)

Opinion

May 26, 1998

Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.)


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed, on the merits.

The petitioners added a second story to their house without obtaining a building permit, and later sought the necessary area variances in connection with the sale of the house as illegally restructured. In light of the self created nature of the hardship which the petitioners now confront, and in light of the substantial nature of the multiple variances they request, we cannot conclude that the Zoning Board of Appeals acted irrationally or capriciously in denying the application ( see, Town Law § 267-b [b]; see also, Matter of McGlasson Realty v. Town of Patterson Bd. of Appeals, 234 A.D.2d 462; Matter of Robbins v. Seife, 215 A.D.2d 665; cf., Matter of Baker v. Brownlie, 248 A.D.2d 527).

Bracken, J.P., O'Brien, Copertino and Altman, JJ., concur.


Summaries of

Matter of Becvar v. Scheyer

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 842 (N.Y. App. Div. 1998)
Case details for

Matter of Becvar v. Scheyer

Case Details

Full title:In the Matter of RONALD F. BECVAR et al., Respondents, v. RICHARD I…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 26, 1998

Citations

250 A.D.2d 842 (N.Y. App. Div. 1998)
673 N.Y.S.2d 210

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