Majority
p. 815In the Matter of Philip H. Packard et al., Suing on behalf of Themselves and All Other Property Owners Similarly Situated, Appellants, against Walter G. Michaelis et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, County of Nassau, et al., Respondents.
In a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the Board of Zoning Appeals of the Town of Hempstead which affirmed the issuance of a permit by the building inspector for the installation of a swimming pool, the appeal is from an order granting respondents’ motion to dismiss the petition (Civ. Prae. Act, § 1293) and dismissing the petition. Order unanimously affirmed, with $50 costs and disbursements. No opinion. Present — Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.