Majority
In a proceeding under article 78 of the Civil Practice Act to review a determination of the zoning board of appeals of the city of Yonkers, granting a variance to permit the use of premises in a one-family residence district as a convalescent home, transferred to this court pursuant to section 1296 of the Civil Practice Act, the determination of the board is annulled, with one bill of $50 costs and disbursements to petitioners. It is our opinion that upon the further hearing had subsequent to our decision and order thereon annulling the previous determination of the board ( 276 App. Div. 850 ) no evidence was adduced to establish that the owners’ plight was due to circumstances unique to their property alone. {Matter of Hickox v. Griffin, 298 N. Y. 365 , 370; People ex rel. Fordham Manor Ref. Church v. Walsh, 244 N. Y. 280 , 286, 288; Matter of Stillman v. Board of Standards & Appeals, 222 App. Div. 19 , affd. 247 N. Y. 599 ; Matter of Clark v. Board of Zoning Appeals, 301 N. Y. 86 , 89, 91.) Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.
Cases cited
- Hickox v. Griffin 298 N. Y. 365 at 370 p. 1131
- People ex rel. Fordham Manor Reformed Church v. Walsh 244 N. Y. 280 at 286, 288 p. 1131
- Stillman v. Board of Standards & Appeals 247 N. Y. 599 p. 1131
- Clark v. Board of Zoning Appeals of the Hempstead 301 N. Y. 86 at 89, 91 p. 1131