The People of the State of New York ex rel. Arseekay Syndicate, Inc., Respondent, v. Henry L. Connell and Others, Constituting the Board of Standards and Appeals of the City of New York, Created by Chapter 503 of the Laws of 1916, Appellants

The People of the State of New York ex rel. Arseekay Syndicate, Inc., Respondent, v. Henry L. Connell and Others, Constituting the Board of Standards and Appeals of the City of New York, Created by Chapter 503 of the Laws of 1916, Appellants. Revd., 265 N. Y. 158. [MAJORITY] Order modified so as to provide that when circumstances so change by development of the neighborhood that the property in question is reasonably susceptible of being applied to a conforming use, then, upon the application of the authorities or any one interested, the gasoline station must be removed; and, as so modified, unanimously affirmed, with costs to respondent. In our opinion, the use of this property for a gasoline station should be only temporary and limited to the present state of development of the neighborhood and should be discontinued when circumstances so change as to reasonably permit a conforming use. (People ex rel. St. Albans-S. Corp. v. Connell, 257 N. Y. 73, 83.) Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.