New York Supreme Court June 7, 1968 (McGinity v. Chave)

Frank A. Gulotta, J.

This is an article 78 proceeding to compel the granting of a variance and the issuance of a building permit by respondents.

The facts are not in dispute. Petitioner owns two lots on Kensington Street, Lido Beach, in the Town of Hempstead. They have a frontage of 40 feet and a depth of 65 feet and thus an area of 2,600 square feet.