In the Matter of Edward L. Touhy et al., Appellants, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents, and Morris Leibson, Intervenor-Respondent

In the Matter of Edward L. Touhy et al., Appellants, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents, and Morris Leibson, Intervenor-Respondent. [MAJORITY] In a proceeding to review a determination of the Board of Standards and Appeals of the City of New York which granted an application pursuant to subdivisions “ £ ”, “ h ”, and “ i ” of section 7 of the Zoning Resolution of the City of New York for a variance to permit the erection and operation of a gasoline service station and accessory uses, in a retail use district, for a period of 15 years, subject to conditions and safeguards imposed by the board, the appeal is from an order granting the motions of the respondents and of the intervenor-respondent to vacate the order of certiorari, to dismiss the petition, and to affirm the board’s determination. Order unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ.