Majority
p. 705The People of the State of New York ex rel. Falkenau & Hamershlag, Inc., Respondent, v. William E. Walsh and Others, Constituting the Board of Appeals of the City of New York, Appellants.
Order reversed, with ten dollars costs and disbursements, writ dismissed and determination of the board of appeals (onfirmed, with fifty dollars costs, upon the authority of People ex rel. Werner v. Walsh ( 212 App. Div. 635 ), herewith handed down. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Burr, JJ.; Clarke, P. J. and Merrell, J., dissent.