Fuhst v. Foley

In a proceeding pursuant to CPLR article 78 to (1) annul appellants’ determination made March 25, 1976, after a hearing, which denied petitioner-respondent’s application for an area variance and (2) compel the granting of such application, the appeal is from a judgment of the Supreme Court, Westchester County, entered July 1, 1976, which (1) annulled the determination and (2) directed the issuance of the variance. Judgment reversed, on the law, without costs or disbursements, determination confirmed, and proceeding dismissed on the merits. We note that, accepting the appropriate standard for…