Kraut v. Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of Scarsdale dated March 9, 2005, which, after a hearing, denied the petitioners’ application for an area variance, the appeal is from a judgment of the Supreme Court, Westchester County (DiBella, J.), entered December 15, 2005, which granted the petition and annulled the determination.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied and the proceeding dismissed on the merits.

*924In determining whether to grant an area variance, a zoning board must…