Belluscio v. Klein

—Judgment, Supreme Court, New York County, entered April 12, 1977, annulling the determination of the Board of Standards and Appeals and remanding the matter for further action, is reversed, on the law and vacated, and the petition in this article 78 proceeding is dismissed, without costs and without disbursements. We do not consider that the action of the Board of Standards and Appeals in granting this minor variance on account of hardship was arbitrary, capricious or illegal, and accordingly we are not justified in interfering with the board’s action. The variance involved an encroachment…