Appellate Division of the Supreme Court of New York, 1952

Long Island Lighting Co. v. Incorporated Village of East Rockaway

Long Island Lighting Co. v. Incorporated Village of East Rockaway
Appellate Division of the Supreme Court of New York · Decided March 17, 1952
279 A.D. 926; 110 N.Y.S.2d 884; 1952 N.Y. App. Div. LEXIS 5337
Long Island Lighting Co. v. Incorporated Village of East Rockaway

Opinion of the Court

*927The board had no power to grant the application. Admittedly the petitioner could not show facts warranting the conclusion that a variance was required because of practical difficulties or unnecessary hardship. (Village Law, ยง 179-b; Matter of Otto v. Steinhilber, 282 N. Y. 71, 76.) Acquirement of the plot in the public interest cannot be deemed a substitute for the statutory prerequisite to a variance. (Matter of New York & Richmond Gas Co. v. Connell, 242 App. Div. 691; Matter of Hickox v. Griffin, 298 N. Y. 365, 370, 371.) Present โ€” Nolan, P. J., Carswell, Johnston, Adel and Schmidt, JJ. [See post, p. 1023.]

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