8 A.D.2d 850 | N.Y. App. Div. | 1959
In a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the Zoning Board of Appeals of the City of Yonkers which granted the application of the respondent Silver Distributing Co. of N. Y., Inc., for a variance to extend a proposed supermarket, to be built on lots 1 to 4 of block 134, 21 feet into lot 5, the appeal is from an order dismissing the proceeding. Order reversed, without costs, and determination annulled, without costs. Prior to the enactment of the new zoning ordinance (City of Yonkers, N. Y., Zoning Ordinance of 1953) lots 1 to 8 of said block were in a “ BA ” district. By that new zoning ordinance, lots 1 to 4 remained in a “ BA ” district and lots 5 to 8 were placed in “ A-l ” district. A “ BA ”