In the Matter of the Application of Ade Realty Corporation, Respondent, for an Order of Certiorari against William E. Walsh and Others, Constituting the Board of Standards and Appeals of the City of New York, Appellants, and Benjamin Finerman and Others, Intervenors

In the Matter of the Application of Ade Realty Corporation, Respondent, for an Order of Certiorari against William E. Walsh and Others, Constituting the Board of Standards and Appeals of the City of New York, Appellants, and Benjamin Finerman and Others, Intervenors. [MAJORITY] Order confirming report of official referee sustaining a variance upon the ground of practical difficulties and unnecessary hardship unanimously affirmed, with costs. The peculiar facts of this case present a clear exception to the rule that a variance because of practical difficulties and unnecessary hardship rests in the discretion of the board of standards and appeals. The record of the proceedings before that board and the testimony taken by the referee and his findings justify the order appealed from. Present—• Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ.