National Merritt, Inc. v. Weist

— In a proceeding pursuant to CPLR article 78 to (1) annul appellants’ determination, made December 17, 1973 after a hearing, which denied petitioner’s application for certain variances and (2) direct appellants to grant the variances, the appeal is from a judgment of the Supreme Court, Westchester County, dated June 28, 1974, which granted the petition. Judgment reversed, on the law, without costs, determination confirmed and petition dismissed on the merits. The determination under review is supported by substantial evidence adduced at the hearing. Special Term erred in rejecting…