Opinion
April 21, 1952.
Proceeding to review a determination of the board of standards and appeals of the city of New York, which granted a use variation under subdivision (e) of section 7 of the Zoning Resolution of the City of New York so as to permit an auto laundry in a lot partly in a business use and partly in a residence use district. In this proceeding there is also subject to review the determination of the board of standards and appeals which granted an area variance under section 21 of the Zoning Resolution so as to permit the erection of a building in connection with the auto laundry use in addition to the presence of a diner already on the lot. Order denying motion to vacate the order of certiorari and annulling the determination of the board reversed on the law and the facts, with one bill of $50 costs and disbursements to appellants, determination of the board of standards and appeals confirmed and petition to review dismissed, without costs. The proof as set forth by the board of standards and appeals in its resolution and its return warranted the determination of the board. ( Matter of Douglaston Civic Assn. v. Board of Standards Appeals of City of N.Y., 278 App. Div. 659; Matter of Sima v. Board of Standards Appeals of City of N Y, 278 App. Div. 785; Matter of Kelly v. Murdock, 275 App. Div. 786.) Nolan, P.J., Carswell, Adel and Schmidt, JJ., concur; Wenzel, J., dissents and votes to affirm.