Opinion
Argued November 1, 1999
December 6, 1999
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Pleasantville, dated February 3, 1998, which, after a hearing, denied the application of the petitioner for four area variances, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Rudolph, J.), entered September 30, 1998, which dismissed the proceeding.
Howard Wm. Rasher, Thornwood, N.Y. (Eric J. Rotbard of counsel), for appellant.
Wormser, Kiely, Galef Jacobs, LLP, White Plains, N.Y. (Lawrence R. Dittelman and David M. White of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the petitioner's contentions, the determination of the Zoning Board of Appeals of the Village of Pleasantville that the benefit to the petitioner from the requested area variances was outweighed by the detriment to the health, safety, and welfare of the neighborhood was supported by substantial evidence (see, Matter of Sasso v. Osgood, 86 N.Y.2d 374 ; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444 ; Conley v. Town of Brookhaven Zoning Bd. of Appeals, 40 N.Y.2d 309 ; Csuha v. Trotta, 261 A.D.2d 618 [2d Dept., May 24, 1999]).
MANGANO, P.J., RITTER, GOLDSTEIN, and H. MILLER, JJ., concur.