Gurell v. Gioia — 21 A.D.2d 844

Majority

p. 844

Joseph Gurell et al., Appellants, v. Horace Gioia et al., Constituting the Zoning Board of Appeals of the City of Rochester, Respondents, and James R. Hall et al., Intervenors-Respondents.

Order 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.

Cases cited

Otto v. Steinhilber 282 N. Y. 71 N.Y. 1939-12-28 p. 844
Crossroads Recreation, Inc. v. Broz 4 N Y 2d 39 N.Y. 1958-02-28 p. 844
Gerling v. Board of Zoning Appeals 6 A D 2d 247 N.Y. App. Div. 1958-07-10 p. 844