MATTER OF ECCLES v. ZONING BOARD OF APPEALS

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In determining whether to grant an application for an area variance, Village Law § 7-712-b (3) requires a zoning board of appeals to engage in a balancing test, weighing "the benefit to the applicant" against "the detriment to the health, safety and welfare of the neighborhood or community". The applicant is not required to show "practical difficulties" as that test was formerly applied (Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384). Here, the Zoning Board of Appeals of the Village of Irvington applied the balancing test and found in favor of the intervenor-respondent Jane K. Wells. Its determination had a rational basis and, accordingly, was properly sustained (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444). Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.