The opinion
Order reversed on the law, without costs of this appeal to any party and petition dismissed. Memorandum: This appeal is from an order at Special Term annulling a determination of the Zoning Board of Appeals of the Town of Cheektowaga allowing a variance from an area restriction in the zoning ordinance. The order appealed from was made upon a finding that the respondent obtained title to his premises subsequent to the adoption of the zoning ordinance and therefore his hardship, if any, was self-created. The rule of self-imposed hardship is inapplicable to an area restriction (Matter of Village of Bronxville v. Francis, 1 A D 2d 236, affd. 1 N Y 2d 839). The order appealed from also grants injunctive relief. Such relief is not appropriate in a proceeding under article 78 of the Civil Practice Act. (Matter of Pagano Realty Corp. v. O’Dwyer, 195 Misc. 157 , affd. 275 App. Div. 705 .) All concur. (Appeal from an order of Erie Special Term declaring void a building permit and directing that the garage erected pursuant to such permit be torn down.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Goldman, JJ.