Sherry v. Glass

Appellate Division of the Supreme Court of New York

Sherry v. Glass

37 A.D.2d 849, 326 N.Y.S.2d 6, 1971 N.Y. App. Div. LEXIS 3330

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 1971

StatusPublished

This text of 37 A.D.2d 849 (Sherry v. Glass) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherry v. Glass, 37 A.D.2d 849, 326 N.Y.S.2d 6, 1971 N.Y. App. Div. LEXIS 3330 (N.Y. Ct. App. 1971).

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Opinion

[850]*850— Proceeding pursuant to article 78 of the CPLR, to review respondents’ determination dated July 8, 1969, which denied petitioner’s application for a variance to permit construction of a gasoline station on a parcel located partly in a commercial district (in which such use is permitted) and partly in a residence district (in which such use is not permitted). Determination annulled, on the law, without costs; petition granted; and respondents are directed to grant the requested variance. In our opinion, the record adequately established that the subject parcel cannot be used as now zoned; that this inability to use the property is due to unique circumstances; that a grant of the variance will not change the essential character of the neighborhood; and that public health, safety and welfare would not be served by a denial'of the variance. Hopkins, Acting P. J., Latham, Christ, Brenjnan and Benjamin, JJ., concur.

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[850]*850— Proceeding pursuant to article 78 of the CPLR, to review respondents’ determination dated July 8, 1969, which denied petitioner’s application for a variance to permit construction of a gasoline station on a parcel located partly in a commercial district (in which such use is permitted) and partly in a residence district (in which such use is not permitted). Determination annulled, on the law, without costs; petition granted; and respondents are directed to grant the requested variance. In our opinion, the record adequately established that the subject parcel cannot be used as now zoned; that this inability to use the property is due to unique circumstances; that a grant of the variance will not change the essential character of the neighborhood; and that public health, safety and welfare would not be served by a denial'of the variance. Hopkins, Acting P. J., Latham, Christ, Brenjnan and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 849, 326 N.Y.S.2d 6, 1971 N.Y. App. Div. LEXIS 3330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherry-v-glass-nyappdiv-1971.