Opinion
December 21, 1953.
Present — Nolan, P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ.
In a proceeding pursuant to article 78 of the Civil Practice Act, respondents, constituting the Town Board of the Town of Hempstead, appeal from an order, which annulled its determination denying petitioner's application for a zoning "variance." The order appealed from remitted the proceeding to the said board for further consideration and determination. Appeal dismissed, with $10 costs and disbursements. The order is not appealable. (Civ. Prac. Act, § 1304; Matter of Bly v. Witmer, 263 App. Div. 106 9; Matter of Francisco v. O'Connell, 274 App. Div. 796.)