Opinion
Argued March 2, 1959
Decided April 9, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARCUS G. CHRIST, J.
Robert M. Stein and John A. Morhous for appellants.
George Trosk, Arthur A. Kaye, Salvatore L. Di Giovanna and Eugene L. Weisbein for B.L. Rothstein, respondent.
George Trosk for Lemir Realty Corp., amicus curiae, in support of respondent's position.
Order affirmed, with costs. In making determinations upon applications for special exceptions under the Zoning Ordinance, the Town Board exercises judgment or discretion of a character which is reviewable as to reasonableness in a proceeding under article 78 of the Civil Practice Act ( Matter of Lerner v. Young, 286 App. Div. 1109, motion for leave to appeal denied 309 N.Y. 1035; Matter of Frantellizzi v. Herman, 1 A.D.2d 980, motion for leave to appeal granted [but appeal not prosecuted] 1 N.Y.2d 643). No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.