Ordered that the judgment is affirmed, without costs or disbursements.
We find that the denial of an area variance to the petitioner was arbitrary and capricious and served to deprive her of any use of the property (see, Matter of Fulling v. Palumbo, 21 N.Y.2d 30). We note, moreover, that the Village Board failed to demonstrate that a legitimate public interest would be fostered by the denial of the application for an area variance (see, Human Dev. Servs. v. Zoning Bd. of Appeals, 110 A.D.2d 135, affd 67 N.Y.2d 702). Accordingly, the judgment appealed from is affirmed. Mollen, P.J., Eiber, Sullivan and Harwood, JJ., concur.