Majority
p. 740In the Matter of John R. Davison et al., Appellants, v. Hammond Robertson et al., Constituting the Board of Appeals of the Town of Bethlehem, et al., Respondents.
Petitioners applied for a special exception to a zoning ordinance permitting the maintenance of a fence. No special exception in the pertinent list sanctions petitioners’ fence. The relief, if any, which would be appropriate would be an application for a variance. The dismissal of the petition at Special Term, therefore, was justified. Order unanimously affirmed, without costs, and without prejudice to further appropriate application to the Zoning Board. Present — Bergan, P. J., Coon, Herlihy, Reynolds and Taylor, JJ.