In re Cassety

Order of the Supreme Court reversed on the law, without costs of this appeal to any party, and determination of the board of appeals (zoning) annulled, with fifty dollars costs and disbursements. Memorandum: The board of appeals (zoning) had no jurisdiction to grant a variance as to any matter contained in the Building Code. Its jurisdiction is limited to consideration of matters arising under ordinances enacted under the provisions of article 16 of the Town Law. The Building Code is not enacted under the provisions of that article but under the provisions of *929article 9 of the Town Law. The…