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Sokolsky v. Williams

54 A.D.2d 567 Court N.Y. App. Div. Decision date 1976-09-20 English

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p. 567
In the Matter of Stanley Sokolsky et al., Appellants, v Averill Williams et al., Constituting the Zoning Board of Appeals of the Town of Lewisboro, Respondents. Martin D. Larkin, Intervenor-Respondent.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals which, after a hearing, granted the intervenor-respondent’s application for an area variance, the appeal is from a judgment of the Supreme Court, Westchester County, dated June 25, 1975, which (1) dismissed the petition and (2) confirmed the determination. Judgment affirmed, with one bill of $50 costs and disbursements to intervenorrespondent Larkin. The record indicates that the determination of the Zoning Board of Appeals of the Town of Lewisboro, granting an area variance to the intervenor-respondent, was supported by the evidence adduced at the hearing (see Matter of Fulling v Palumbo, 21 NY2d 30 ). Hopkins, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

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