Biellak v. Zoning Board of Appeals of Town of Perinton

OPINION OF THE COURT

Hancock, Jr., J. P.

Petitioner Biellak appeals from a judgment dismissing his CPLR article 78 proceeding brought to annul the action of the Town of Perinton Zoning Board of Appeals in granting an area variance of the 50-foot front yard set-back requirement to respondent Koenig, Mr. Biellak’s next door neighbor.

The pivotal question is whether the board’s determination that the "applicant is * * * suffering from practical difficulties” which would support an area variance "has a rational basis and is supported by substantial evidence in the record” (Conley v Town of…