Opinion
Argued April 1, 1930
Decided May 6, 1930
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur J.W. Hilly, Corporation Counsel ( J. Joseph Lilly and William T. Kennedy of counsel), for the Board of Standards and Appeals et al., appellants.
John J. Curtin and Wesley S. Sawyer for Marben Realty Corporation, appellant.
Lawrence R. Condon for respondents.
Order affirmed, with costs, on the ground that the allegations of the return, if accepted as true, fail to justify a variation of the uses prescribed by the zoning resolution; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.