# Cusberth v. Board of Standards & Appeals

> Appellate Division of the Supreme Court of the State of New York · November 1, 1948 · 274 A.D. 912

URL: https://www.frixlaw.com/law-library/cases/5387200

## Case

- **Full name:** In the Matter of Sidney E. Cusberth, against Board of Standards and Appeals of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 1, 1948
- **Citations:** 274 A.D. 912; 83 N.Y.S.2d 258; 1948 N.Y. App. Div. LEXIS 4013
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5387200

## Opinion text

Per Curiam.
We cannot agree with the contention of the petitioners-respondents that section 7-A of the New York City Zoning Resolution did not apply to the proposed alteration. In any event their application for a variance was made under that section. It is clear that there was no abuse of discretion on the part of the board of standards and appeals in denying a variance on the facts presented.
The orders appealed from should be reversed and the petition dismissed, with costs and disbursements to appellants.
Peck, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ., concur.
Orders unanimously reversed and the petition dismissed, with $20 costs and disbursements to the appellants.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5387200. Public record. Not legal advice.