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MATTER OF LONG ISLAND LIGHTING CO. v. INC. VILL. OF EAST ROCKAWAY

279 A.D. 926 (1952)

In the Matter of Long Island Lighting Company, Petitioner, v. Incorporated Village of East Rockaway et al., Respondents

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

March 17, 1952.

Determination unanimously confirmed, with $10 costs and disbursements, and proceeding dismissed, without costs. The board had no power to grant the application.

Admittedly the petitioner could not show facts warranting the conclusion that a variance was required because of practical difficulties or unnecessary hardship. (Village Law, § 179-b; Matter of Otto v. Steinhilber, 282 N.Y. 71, 76.) Acquirement of the plot...

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