Opinion
June 11, 1964
Appeal from the Monroe Special Term.
Present Williams, P.J., Bastow, Henry, Noonan and Del Vecchio, JJ.
Order unanimously reversed and determination of Zoning Board of Appeals annulled, with costs, without prejudice to a reapplication. Memorandum: The evidence presented was insufficient to empower the board to grant a variance. ( Matter of Otto v. Steinhilber, 282 N.Y. 71; Matter of Crossroads Recreation v. Broz, 4 N.Y.2d 39; Matter of Gerling v. Board of Zoning Appeals, 6 A.D.2d 247.)