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Matter of Wilbert v. Haskins

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 11, 1974
43 A.D.2d 891 (N.Y. App. Div. 1974)

Opinion

January 11, 1974

Appeal from the Monroe Special Term.

Present — Goldman, P.J., Del Vecchio, Witmer, Cardamone and Henry, JJ.


Judgment unanimously affirmed, without costs. Memorandum: The record shows that respondent board had reasonable grounds for denying the petition for a variance. The court, therefore, has no authority to annul the determination and substitute its judgment for that of the board ( Matter of North Shore Steak House v. Board of Appeals of Inc. Vil. of Thomaston, 30 N.Y.2d 238, 243; and, see, Matter of Lemir Realty Corp. v. Larkin, 11 N.Y.2d 20, 24-26).


Summaries of

Matter of Wilbert v. Haskins

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 11, 1974
43 A.D.2d 891 (N.Y. App. Div. 1974)
Case details for

Matter of Wilbert v. Haskins

Case Details

Full title:In the Matter of RAYMOND WILBERT, as Executor of PETER WILBERT, Deceased…

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

Date published: Jan 11, 1974

Citations

43 A.D.2d 891 (N.Y. App. Div. 1974)