# Carmel v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · November 5, 1984 · 105 A.D.2d 698

URL: https://www.frixlaw.com/law-library/cases/5872428

## Case

- **Full name:** In the Matter of Joyce Carmel v. Zoning Board of Appeals of the Village of Kings Point
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 5, 1984
- **Citations:** 105 A.D.2d 698; 481 N.Y.S.2d 388; 1984 N.Y. App. Div. LEXIS 20808
- **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/5872428

## Opinion text

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Kings Point denying petitioner’s application for an area variance, upon a rehearing, the appeal is from a judgment *699 of the Supreme Court, Nassau County (Becker, J.), entered January 31, 1984, which dismissed the petition.
Judgment affirmed, with costs.
Respondents’ determination that petitioner did not pursue a landfill permit in good faith is supported by substantial evidence. Accordingly, petitioner did not establish practical difficulties sufficient to warrant the grant of an area variance (see Matter of National Merritt v Weist, 41 NY2d 438 ). Gibbons, J. P., O’Connor, Weinstein and Lawrence, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5872428. Public record. Not legal advice.