¶1Order unanimously reversed and determination of Zoning Board of Appeals annulled, with costs, without prejudice to a reapplication. Memorandum: The evidence presented was insufficient to empower the board to grant a variance. (Matter of Otto v. Steinhilber, 282 N. Y. 71; Matter of Crossroads Recreation v. Broz, 4 N Y 2d 39; Matter of Gerling v. Board, of Zoning Appeals, 6 A D 2d 247.) (Appeal from order of Monroe Special Term denying motion of petitioners to annul determination of Zoning Board.) Present Williams, P. J., Bastow, Henry, Noonan and Del Vecchio, JJ.
21 A.D.2d 844
Gurell v. Gioia
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1964
Appellate Division of the Supreme Court of the State of New York · decided 1964-06-11
Relies on Matter of Otto v. Steinhilber
Decided 1964-06-11