Blum v. Mcgraw

OPINION OF THE COURT

Edward O. Provenzano, J.

Petitioner has proceeded pursuant to CPLR article 78 to annul respondents’ determination, dated August 25, 1976 which, following a public hearing, denied petitioner’s applica*782tion for a zoning variance. In addition to the record of proceedings before the respondent board, the court has been aided by a transcript of a deposition of the petitioner and by testimony taken before the court (see 2 Anderson, New York Zoning Law and Practice [2d ed], § 22.17).

The New York State Thruway runs east-west through the lower half of the Town of Henrietta, in Monroe…