Stein v. Board of Appeals

Gibbons, J. P.,

concurs in part and dissents in part, and votes to dismiss the appeal from the judgment dated February 26,1982 and to affirm the resettled judgment dated November 17, 1982, in accordance with the following memorandum: As the majority concedes, a zoning board of appeals is not constrained by the rules of evidence and may conduct informal hearings (Matter of Von Kohorn v Morrell, 9 NY2d 27, 32; Matter of Kenyon v Quinones, 43 AD2d 125, 128-129). Furthermore, it is not limited to a consideration of the testimony and exhibits presented to it, but may conduct its own investigation…