Legal Opinion

Koschuk v. Kleinfelder

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2000PublishedCited by 2 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking to annul respondents’ determination denying an area variance (see, Town Law § 267-c [1]). Petitioner failed to present “dollars and cents” proof in support of his contention that the denial of the variance amounted to a confiscatory taking (see, Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 352, rearg denied 87 NY2d 1056). Petitioner’s contention that literal application of the zoning regulations results in a practical difficulty or unnecessary hardship “is not raised in the…

2Cases cited5 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
  3. Gregory v. Town of CambriaNew York Court of Appeals · 1986
  4. Kemp v. Erie County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1999
  5. Sinclair v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. Murtaugh v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2007
  2. Palin v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2003

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