Order reversed, without costs, and matter remitted to the Special Term for further proceedings not inconsistent herewith.
In view of the issue raised by the pleadings as to whether respondent's application and plans complied with the provisions of the zoning ordinance and building code, it was error to direct the issuance of the building permit. Moreover, on the record presented, respondent would not be entitled to the relief sought if the zoning ordinance was amended...
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