Opinion
November 15, 1961
On the court's own motion, the decision of November 6, 1961 ( ante, p. 884), is amended to read as follows:
In a certiorari proceeding under the New York City Charter and Administrative Code (Charter, § 668, subd. e; Code, § 666e-1.0) to review and annul the determination of the Board of Standards and Appeals of the City of New York, granting, pursuant to subdivisions (c) and (e) of section 7 of the city's Zoning Resolution, the application of the intervenor, Dara Equities, Incorporated, for a variance in the application of the use district regulations established by such Zoning Resolution so as to permit the erection, upon a portion of the intervenor's property in Queens County, of a one- and two-story building "for use as stores, bowling alleys and open air parking" (the bowling alleys to be permitted for a term of 20 years), the board and the intervenor appeal from so much of an order of the Supreme Court, Queens County, dated June 6, 1961, as: (1) denied their motions to dismiss the certiorari petition, (2) annulled the board's determination, and (3) denied the intervenor's application to the board for the variance. The site on which the proposed improvement was to be erected and maintained was situated entirely in a residence use district except for a very small, triangularly shaped, interior segment thereof located in a local retail use district, said segment being landlocked and having no street frontage. Order, insofar as appealed from, affirmed, with costs to petitioners payable by the intervenor. No opinion. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.