Order modified by striking therefrom the ordering paragraph and by substituting in place thereof a provision that the proceeding be dismissed, without costs. As so modified, order unanimously affirmed, with one bill of costs to appellants-respondents and the intervenor-appellant-respondent, payable by the respondent-appellant.
The proof set forth by the board of zoning appeals in its resolution and in its return warranted the determination (359 West 34th St. v...
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