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Matter of Menashe v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 682 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the Supreme Court, Kings County (Hutcherson, J.).


Ordered that the order and judgment is affirmed, with costs.

We agree with the Supreme Court's conclusion that the petitioner failed to demonstrate that strict compliance with the zoning resolution will cause practical difficulties (see generally, Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Cowan v Kern, 41 N.Y.2d 591). Inasmuch as the denial of the area variance under the circumstances of this case was not illegal, arbitrary or an abuse of discretion, the proceeding was properly dismissed (see, Matter of Faham v Bockman, 151 A.D.2d 665). Kooper, J.P., Sullivan, Miller and O'Brien, JJ., concur.


Summaries of

Matter of Menashe v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 682 (N.Y. App. Div. 1991)
Case details for

Matter of Menashe v. Bennett

Case Details

Full title:In the Matter of MARTIN MENASHE, Appellant, v. ROGER H. BENNETT, as…

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 682 (N.Y. App. Div. 1991)