—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking to annul respondents’ determination denying an area variance (see, Town Law § 267-c [1]). Petitioner failed to present “dollars and cents” proof in support of his contention that the denial of the variance amounted to a confiscatory taking (see, Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 352, rearg denied 87 NY2d 1056). Petitioner’s contention that literal application of the zoning regulations results in a practical difficulty or unnecessary hardship “is not raised in the CPLR article 78 petition, and thus it is not preserved for our review” (Matter of Kemp v Erie County Dept. of Social Servs., 266 AD2d 905, 906; see, Gregory v Town of Cambria, 69 NY2d 655, 656-657; Matter of Sinclair v Coughlin, 136 AD2d 645). In any event, Town Law § 267-b (3) (b) eliminates any express reference to “practical difficulties or unnecessary hardships” (Town Law former § 267 [5]) as the standard for the issuance of area variances (see, Matter of Sasso v Osgood, 86 NY2d 374, 384). (Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.
In the Matter of Peter Koschuk, Appellant, v. Joseph Kleinfelder et al., Comprising Zoning Board of Appeals of Town of West Seneca, Respondents
270 A.D.2d 963705 N.Y.S.2d 547
Authorities cited
No cited authorities resolved to law.co cases yet.