# Palmieri v. Board of Zoning

> Appellate Division of the Supreme Court of the State of New York · November 21, 1988 · 144 A.D.2d 561

URL: https://www.frixlaw.com/law-library/cases/5908666

## Case

- **Full name:** In the Matter of Armando Palmieri v. Board of Zoning and Appeals of the Town of North Hempstead
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 21, 1988
- **Citations:** 144 A.D.2d 561; 535 N.Y.S.2d 961; 1988 N.Y. App. Div. LEXIS 11893
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/5908666

## Opinion text

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning and Appeals of the Town of North Hemp-stead, dated July 15, 1987, which denied the petitioner’s application for an area variance.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The denial of the petitioner’s application for an area variance to permit him to build a second home on his property was neither arbitrary nor capricious nor an abuse of discretion (see, Matter of Fuhst v Foley, 45 NY2d 441 ). The petitioner failed to meet his burden of establishing that strict compliance with the relevant zoning ordinances would result in practical difficulties (see, Human Dev. Servs. v Zoning Bd. of Appeals, 67 NY2d 702 ). Moreover, even assuming that the petitioner had satisfied his burden of proving practical difficul *562 ties, the respondents met their burden of going forward with evidence to demonstrate that the denial of the requested variance was reasonably related to the public welfare (see, Human Dev. Servs. v Zoning Bd. of Appeals, supra). Mollen, P. J., Thompson, Brown and Eiber, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5908666. Public record. Not legal advice.