Sbuttoni v. Town of East Greenbush Zoning Board of Appeals

Appeal from a judgment of the Supreme Court (Travers, J.), entered June 15, 1990 in Rensselaer County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent granting an area variance to Mario Le Pore, III and Rita Le Pore.

The primary question presented on this appeal is whether the determination of respondent granting an area variance, on the ground that the applicant property owners demonstrated a "practical difficulty” in the use of the land, has a rational basis and is supported by substantial evidence in the record.…