Herman v. Fossella

Murphy, P. J., and Birns, J.,

dissent in part in a memorandum by Murphy, P. J., as follows: The Board of Standards and Appeals denied petitioner Herman’s application for a further variance on the grounds it was unable to make requisite finding (e) under section 72-21 of the Zoning Resolution of the City of New York. To the extent here relevant, subdivision (e) of section 72-21 of the Zoning Resolution provides: "Where it is alleged that there are practical difficulties or unnecessary hardship, the Board may grant a variance in the application of the provisions of this resolution in the…