Opinion
Argued April 6, 1970
Decided April 23, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MICHAEL E. SWEENEY, J.
William P. Willig and George R. Mills for appellants.
John L. Desmond for respondent.
Order affirmed, without costs, in the following memorandum: The existence of a commercial storage business on the subject property and the proximity of other businesses on a nearby State highway indicate that the construction of apartments would actually upgrade the area and that the refusal of the Town Board to grant the zoning change was unreasonable. (See Rodgers v. Village of Tarrytown, 302 N.Y. 115, 121.)
Concur: Judges BURKE, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judges SCILEPPI and BREITEL dissent and vote to reverse on the dissenting opinion at the Appellate Division.