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MATTER OF GSCHEIDLE v. MURDOCK

280 A.D. 74 (1952)

In the Matter of Rose Gscheidle, Respondent, v. Harris Murdock et al., Constituting The Board of Standards and Appeals of the City of New York, Appellants, and Thomas Kelly et al., Intervenors, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 8, 1952.

Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for Board of Standards and Appeals, appellant.

Lawrence Braunstein for interveners-appellants.

Henry B. Rothblatt of counsel (Albert Margolin with him on the brief; Hammer & Rothblatt, attorneys), for respondent.

PECK, P. J., DORE, COHN, VAN VOORHIS and BERGAN, JJ., concur.

Per Curiam.

The issue in this proceeding was whether the nonconforming use of petitioner's real property prior to the rezoning was different from the present or contemplated use — in the quality, but not in quantity of use.

Proof upon which the board of standards and appeals acted was so obscure, that the Special Term could not properly review the board's determination without the taking of testimony as...

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