Kumpel v. Wilson

Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Williams, J.), entered March 20, 1996 in Saratoga County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition on the ground of legal insufficiency.

Petitioners commenced a CPLR article 78 proceeding in 1995 challenging respondents’ refusal to remove a condition placed upon the granting of an area variance to petitioners in 1993. The variance permitted petitioners to build a 24-foot by 30-foot garage, on their property in the Town of Ballston, Saratoga County, despite setbacks of less…