
    In the Matter of Joseph F. Stillman et al., Respondents, against The Board of Standards and Appeals of the City of New York et al., Appellants.
    
      New York city — Zoning Law — power of Board of Standards and Appeals to vary requirements for benefit of single property owner.
    
    
      Matter of Stillman v. Board of Standards & Appeals, 222 App. Div. 19, affirmed.
    (Argued February 21, 1928;
    decided March 27, 1928.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1927, which reversed, on certiorari, a determination of the Board of Standards and Appeals of the city of New York granting the application of appellant Fortieth Street and Park ¡Avenue, Inc., for a variance of the building zone resolution in force' in the city of New York so as to permit it to erect and maintain a business building in a residence district. The Appellate Division held that the Board of Standards and Appeals was without power to vary a zoning requirement because it would benefit a single owner to remove a restriction.
    
      George P. Nicholson, Corporation Counsel (Elliot S. Benedict, J. Joseph Lilly and William T. Kennedy of counsel), for Board of Standards and Appeals, appellant.
    
      Charles L. Craig for Fortieth Street and Park Avenue, Inc., appellant.
    
      
      E. De T. Bechtel for Joseph F.' Stillman et ah, respondents. •
    
      Kenneth M. Spence for Austin G. Fox, respondent.
    
      M. G. Holstein for 104 East Fortieth Corporation, respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  