Majority
p. 898Josephine Demaria, Respondent, v. Norman W. McBurney, Chairman, Marda F. Lule and Arthur Sandford, Building Inspectors, G. Everett Hand and Others, of Board of Appeals, Town of Smithtown, Suffolk County, New York, Appellants, and Nannie J. Conn, Intervening Appellant.
Order denying motion to dismiss petition to review action of the board of zoning appeals of the town of Smithtown reversed on the law, without costs, and motion granted, without costs. (See Matter of Fammler v. The Board of Zoning Appeals of the Town of Hempstead, ante, p. 777.) Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.