# Gapinski v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · May 15, 1957 · 3 A.D.2d 976

URL: https://www.frixlaw.com/law-library/cases/5696886

## Case

- **Full name:** In the Matter of Helen Gapinski, against Zoning Board of Appeals of the Town of Cheektowaga, and Xavier Wojciechowicz
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 15, 1957
- **Citations:** 3 A.D.2d 976; 162 N.Y.S.2d 945; 1957 N.Y. App. Div. LEXIS 5465
- **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/5696886

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5696886. Public record. Not legal advice.