Opinion
Argued January 11, 1962
Decided March 1, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK A. GULOTTA, J.
Jack H. Hantman for appellants.
John E. Kane for respondents.
Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division, in the following memorandum: The order of the Appellate Division should be reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division. The only questions of substance relate to whether the area and setback restrictions in the zoning ordinance were violated. Whether these violations existed depends upon whether the closed garage beneath the open porch requires the porch area to be measured in determining the front-yard setback restriction from Linwood Road and the area restriction requirements. For the reasons stated at Special Term, we are satisfied that this masonry construction under the porch is not to be included. No opinion.
Concur: Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge DYE dissent and vote to affirm for the reasons stated in the memorandum opinion of the Appellate Division.