Hawk Sales Co. v. Dieteman

.— Judgment unanimously reversed on the law, without costs, and respondents’ cross motion to dismiss petition denied. Respondents’ time to answer petition *818extended until 20 days after entry of the order to he made hereon. Memorandum: In this article 78 proceeding to annul a determination of respondents, Zoning Board of Appeals, Special Term, without passing on respondents’ cross motion to dismiss petition made on the ground that petitioner is not an aggrieved party, erroneously dismissed the petition on a ground not raised in the cross motion. Petitioner sought to annul respondents’…