Midgett v. Schermerhorn

In a proceeding under article 78 of the CPLR, to review a determination of the Zoning Board of Appeals of the Town of Islip, denying a side-yard setback variance, the Zoning Board appeals from a judgment of the Supreme Court, Suffolk County, entered September 15, 1964, which annulled its determination and directed it to grant the variance. Judgment reversed on the law and facts, without costs, and petition dismissed, without costs. Findings of fact inconsistent herewith are reversed and new findings made as indicated herein. Petitioner is in practical difficulty with his property which lacks…