Long Island Lighting Co. v. Incorporated Village of East Rockaway
Appellate Division of the Supreme Court of the State of New York
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
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Matter of Hickox v. GriffinNew York Court of Appeals · 1949
- New York & Richmond Gas Co. v. ConnellAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by9 opinions
- Consolidated Edison Co. v. HoffmanNew York Court of Appeals · 1978
- Zagoreos v. ConklinAppellate Division of the Supreme Court of the State of New York · 1985
- Long Island Lighting Co. v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1952
- Niagara Mohawk Power Corp. v. City of FultonAppellate Division of the Supreme Court of the State of New York · 1959
- Consolidated Edison Co. of New York, Inc. v. Village of Briarcliff ManorNew York Supreme Court · 1955
4 more not listed; retrieve them via the Exa API.