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5 Jan 2015, 12:30 pm
"Here, respondent based its determination upon factors and other criteria relevant to the former "practical difficulty" test, which is no longer followed, rather than on the factors set forth in Town Law § 267-b (3) (b) (see Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d 395, 402; Matter of Sasso v Osgood, 86 NY2d 374, 384). [read post]
5 Jan 2015, 12:30 pm by Silverberg Zalantis LLP
"Here, respondent based its determination upon factors and other criteria relevant to the former "practical difficulty" test, which is no longer followed, rather than on the factors set forth in Town Law § 267-b (3) (b) (see Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d 395, 402; Matter of Sasso v Osgood, 86 NY2d 374, 384). [read post]