Opinion
Argued January 7, 1935
Decided January 22, 1935
Appeal from the Supreme Court, Appellate Division, Second Department.
Sol Rubin for appellants.
Monroe J. Cahn and Humphrey J. Lynch for respondent.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs to the appellants in all courts. The Appellate Division was not justified in substituting its judgment for that of the Zoning Board in the absence of arbitrary action. ( People ex rel. St. Albans-Springfield Corp. v. Connell, 257 N.Y. 73.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.