Kraut v. Board of Appeals
Cases that cite this one
2 later published cases cite this decision.
- DiPaolo v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2009)
- Muth v. Scheyer (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of Scarsdale dated March 9, 2005, which, after a hearing, denied the petitioners’ application for an area variance, the appeal is from a judgment of the Supreme Court, Westchester County (DiBella, J.), entered December 15, 2005, which granted the petition and annulled the determination.
Ordered that the judgment is reversed, on the law, with costs, the petition is denied and the proceeding dismissed on the merits.
Here, the Board of Appeals of the Village of Scarsdale engaged in the required balancing test and considered the relevant statutory factors. Contrary to the petitioners’ contentions, the denial of the application for an area variance had a rational basis and was not arbitrary or capricious. The requested variance was substantial and, because of the location of the subject real property, the variance would have had a detrimental effect on the character of the neighborhood. Moreover, the alleged difficulty was self-created (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004]; Matter of Corigliano v Zoning Bd. of Appeals of City of New Rochelle, 18 AD3d 750 [2005]; Matter of DeJosia v Trotta, 11 AD3d 534 [2004]). Accordingly, the Supreme Court should have denied the petition and dismissed the proceeding. Schmidt, J.P., Crane, Krausman and Dickerson, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.