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MATTER OF LATHROP v. FERIOLA

277 A.D. 1131 (1950)

In the Matter of Frank C. Lathrop et al., Petitioners, v. Ralph Feriola et al., Constituting The Zoning Board of Appeals of the City of Yonkers, Respondents, and Martin McGrath et al., Interveners, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1950.

It is our opinion that upon the further hearing had subsequent to our decision and order thereon annulling the previous determination of the board (276 App. Div. 850) no evidence was adduced to establish that the owners' plight was due to circumstances unique to their property alone. (Matter of Hickox v. Griffin, 298 N.Y. 365, 370; People ex rel. Fordham Manor Ref. Church v. Walsh, 244 N.Y. 280, 286, 288; Matter of Stillman v. Board of Standards & Appeals...

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