Judgment affirmed, with costs.
In our opinion the record clearly establishes that the denial of the variance was arbitrary, capricious and an abuse of discretion; the determination of Special Term, which implicitly recognizes such to be the case, is fully supported by the evidence. We take particular note that the board's decision fails to mention that there is a 15-foot drop down an embankment to the railroad tracks at the rear of petitioner's premises. Further,...
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