Judgment reversed on the law and the facts, without costs, and proceeding remitted to the Special Term for the purpose of: (a) holding a hearing on the issues as to whether the respondent Schmelzer owned the property in suit or was duly and properly authorized by the owner to file an application for the special exception permit; and (b) making a determination de novo on the basis of the proof adduced. Findings of fact which may be inconsistent herewith are reversed...
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