Opinion
March 17, 1952.
Present — Nolan, P.J., Carswell, Johnston, Adel and Schmidt, JJ. [See post, p. 1023.]
Proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the zoning board of appeals of the Incorporated Village of East Rockaway, which denied application for a variance so as to use property in a residence use district as an electric distribution substation. Determination unanimously confirmed, with $10 costs and disbursements, and proceeding dismissed, without costs. The board had no power to grant the application. Admittedly the petitioner could not show facts warranting the conclusion that a variance was required because of practical difficulties or unnecessary hardship. (Village Law, § 179-b; Matter of Otto v. Steinhilber, 282 N.Y. 71, 76.) Acquirement of the plot in the public interest cannot be deemed a substitute for the statutory prerequisite to a variance. ( Matter of New York Richmond Gas Co. v. Connell, 242 App. Div. 691; Matter of Hickox v. Griffin, 298 N.Y. 365, 370, 371.)