Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN THE MATTER OF DEJOSIA v. TROTTA

Appellate Division of the Supreme Court of New York, Second Department.
Oct 12, 2004
Important Paras
Please sign up to view Important Paras.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the denial of the petitioner's application for certain area variances to build a single-family dwelling has a rational basis and is supported by substantial evidence ( see Matter of Ifrah v. Utschig, 98 NY2d 304, 308; Matter of Sasso v. Osgood, 86 NY2d 374). The requested variances were substantial and would have a detrimental effect on the character of the neighborhood. The alleged difficulty was also self-created ( see Town Law ยง 267-b; Matter of Pecoraro v. Board of Appeals of Town of Hempstead, 2 NY3d 608, 614-615; Matter of Westervelt v. Zoning Bd. of Appeals of Town of Woodbury, 7 AD3d 632).

The petitioner's remaining contentions are without merit.