Legal Opinion

Long Island Lighting Co. v. Incorporated Village of East Rockaway

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

Decided March 17, 1952PublishedCited by 9 opinions

1Opinion of the Court

*927The board had no power to grant the application. Admittedly the petitioner could not show facts warranting the conclusion that a variance was required because of practical difficulties or unnecessary hardship. (Village Law, § 179-b; Matter of Otto v. Steinhilber, 282 N. Y. 71, 76.) Acquirement of the plot in the public interest cannot be deemed a substitute for the statutory prerequisite to a variance. (Matter of New York & Richmond Gas Co. v. Connell, 242 App. Div. 691; Matter of Hickox v. Griffin, 298 N. Y. 365, 370, 371.) Present — Nolan, P. J., Carswell, Johnston, Adel and Schmidt, JJ.…

2Cases cited3 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Matter of Hickox v. GriffinNew York Court of Appeals · 1949
  3. New York & Richmond Gas Co. v. ConnellAppellate Division of the Supreme Court of the State of New York · 1934

3Cited by9 opinions

  1. Consolidated Edison Co. v. HoffmanNew York Court of Appeals · 1978
  2. Zagoreos v. ConklinAppellate Division of the Supreme Court of the State of New York · 1985
  3. Long Island Lighting Co. v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1952
  4. Niagara Mohawk Power Corp. v. City of FultonAppellate Division of the Supreme Court of the State of New York · 1959
  5. Consolidated Edison Co. of New York, Inc. v. Village of Briarcliff ManorNew York Supreme Court · 1955

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