In the Matter of Triple-Ess Realty Corp., Petitioner, against Kristen Kristensen et al., Constituting the Common Council of the City of Yonkers, Respondents, and Alan G. Jones et al., Intervenors-Respondents

In the Matter of Triple-Ess Realty Corp., Petitioner, against Kristen Kristensen et al., Constituting the Common Council of the City of Yonkers, Respondents, and Alan G. Jones et al., Intervenors-Respondents. [MAJORITY] Proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the Common Council of the City of Yonkers, made July 7, 1959, approving the special exception use to permit the construction and maintenance of a building or buildings to be used as a 90:-unit motel and for accessory uses; such special exception use having been theretofore granted to intervenorsrespondents by the Zoning Board of Appeals of the City of Yonkers. The proceeding has been transferred to this court for disposition (Civ. Prac. Act, § 1296) by order of the Supreme Court, Westchester County, made September 12, 1959. Determination confirmed and petition dismissed, without costs. No-opinion. Beldock, Acting P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.