Cirrito v. Zoning Board of Appeals

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the CPLR article 78 petition challenging respondent’s denial of petitioner’s application for an area variance. To be entitled to an area variance, petitioner had the burden of establishing that strict application of the zoning ordinance would result in practical difficulties (see, Matter of Fuhst v Foley, 45 NY2d 441, 445; Marino v Zoning Bd. of Appeals, 176 AD2d 1210; Sanzone v City of Rome, 170 AD2d 977, 978, lv dismissed 77 NY2d 988). "To demonstrate practical difficulties, an applicant bears the…