Matter of Casserino v. City of Rochester

Full title: MATTER OF JERRY CASSERINO AND CONCETTA CASSERINO, PETITIONERS-APPELLANTS…

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

Date published: Dec 30, 1999

267 A.D.2d 967 (N.Y. App. Div. 1999)

700 N.Y.S.2d 921

Opinion

December 30, 1999

Appeal from Judgment of Supreme Court, Monroe County, Fisher, J. — CPLR art 78.

Judgment unanimously affirmed without costs.

PRESENT: DENMAN, P. J., GREEN, PIGOTT, JR., HURLBUTT AND BALIO, JJ.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Fisher, J.). We add only that, because petitioners did not seek a use variance in their administrative appeal to respondent City of Rochester Zoning Board of Appeals, they failed to exhaust their administrative remedies with respect to their contention that they were entitled to a use variance, and this Court has no discretionary power to reach it ( see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834).