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Matter of Lanzilotta Teramo Dev. v. Lazarus

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 767 (N.Y. App. Div. 1987)

Opinion

February 17, 1987

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered, that the judgment is affirmed, without costs or disbursements.

The record demonstrated that the petitioner could not build a dwelling on the property "`without coming into conflict with certain of the [zoning] restrictions'" and that the restrictions would create practical difficulties (see, Human Dev. Servs. v Zoning Bd. of Appeals, 110 A.D.2d 135, 139, affd 67 N.Y.2d 702, quoting from Matter of Fuhst v. Foley, 45 N.Y.2d 441, 445). The impact of the desired area variance would have been minimal. The appellants' contentions that the proposed dwelling would create crowding, visual limitations or other out-of-character consequences for the neighborhood are all belied by the record. We have considered all the other contentions raised by the appellants and find them to be without merit. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.


Summaries of

Matter of Lanzilotta Teramo Dev. v. Lazarus

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 767 (N.Y. App. Div. 1987)
Case details for

Matter of Lanzilotta Teramo Dev. v. Lazarus

Case Details

Full title:In the Matter of LANZILOTTA TERAMO DEVELOPMENT CORP., Respondent, v…

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

Date published: Feb 17, 1987

Citations

127 A.D.2d 767 (N.Y. App. Div. 1987)

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