
    In the Matter of Mary Smalls, Appellant, v. Board of Standards and Appeals of the City of New York et al., Respondents.
    Argued January 10, 1962;
    decided January 25, 1962.
    
      
      Leonard K. Rothkrug for appellant.
    
      Leo A. Larkin, Corporation Counsel (Alfred Weinstein, Seymour B. Quel and Judah Gribetz of counsel), for respondents.
   Concur: Chief Judge Desmond and Judges Dye, Burke and Foster. Judges Fuld, Froessel and Van Voorhis dissent and vote to reverse and to grant the petition and to annul the board’s determination for the reasons stated in the dissenting memorandum at the Appellate Division.  