Opinion
December 12, 1974
Present — Moule, J.P., Cardamone, Simons and Goldman, JJ.
Motion for further amendment of order granted, without costs, in accordance with following memorandum: In 1972 respondent zoning board granted the intervenor a variance to use his property as a two-family residence. Special Term annulled that variance and we reversed Special Term and remitted the matter to the zoning board for further findings with respect to financial hardship ( Matter of Paplow v. Minsker, 43 A.D.2d 122). The respondents have found that no financial hardship exists but since our decision failed to direct a redetermination of the matter by the zoning board, the respondents apparently have refused to render a decision although the proceedings have been completed. Petitioner now moves for amendment of our prior order to insert a direction that the respondents determine the matter and deny the intervenor's application for a variance. The motion is granted to the extent that we direct respondents to make a determination on the basis of the record before them. Once the determination is made the parties may review it by appropriate legal proceedings if so advised.