Opinion
November 8, 1954.
In a proceeding under article 78 of the Civil Practice Act, the order appealed from annuls a determination of the board of appeals of the City of New Rochelle, which determination granted a permit to conduct a beach club. The permit was issued under section 1 of article III of the local zoning ordinance, which allows a "club house" and customary accessory uses in a residence "R-1" district. Section 1 of article VII of the ordinance permits a "club" in a residence "R-5" district. Order affirmed, with $20 costs and disbursements. No opinion. Adel, Acting P.J., Wenzel, MacCrate and Beldock, JJ., concur. Schmidt, J., dissents and votes to reverse the order appealed from and to confirm the determination. [ 206 Misc. 198.]