Opinion
November 14, 1949.
Present — Nolan, P.J., Johnston, Adel, Sneed and Wenzel, JJ.
In a certiorari proceeding to review a determination of the board of standards and appeals of the city of New York denying respondent's application for a variance of use on the ground that section 21-A of the Zoning Resolution of the City of New York, bars the use of premises within 200 feet of any part of hospital grounds as a gasoline service station, order remitting the matter to the board for further consideration unanimously affirmed, with $50 costs and disbursements. We are constrained to confine the decision in Matter of Webkan Holding Corp. v. Walsh ( 230 App. Div. 717) to the facts of that case and to hold that it is not determinative of this appeal.