Opinion
October 10, 1955.
Appeal by the board of standards and appeals of the City of New York and the members thereof from an order of the Special Term which (1) denied the board's motion to vacate an order of certiorari, to dismiss the petition and to affirm the board's determination; (2) annulled the board's determination, which denied the respondent's application, pursuant to subdivisions (e) and (h) of section 7 of the Zoning Resolution of the City of New York, for a permit for the use of respondent's premises for a gasoline service and repair station, which premises are in part in a retail use district and in part in a residence use district; and (3) granted respondent's application. Order reversed on the law and facts, with $50 costs and disbursements, proceeding dismissed, and determination of the board of standards and appeals reinstated and confirmed. The views set forth by this court in Matter of Conwall Realty Corp. v. Murdock ( 285 App. Div. 951) are applicable to the instant situation and require reversal of the order under review and reinstatement of the board's determination. Nolan, P.J., Wenzel, Schmidt, Beldock and Ughetta, JJ., concur.