Proceeding pursuant to article 78 of the Civil Practice Act to review and annul a determination of the Zoning Board of Appeals of the City of New Rochelle, which granted the intervenors' application for a special permit and variance to erect and operate a gasoline service station within 1,000 feet of another gas station. By order of the Supreme Court, Westchester County, made January 5, 1961, pursuant to section 1296 of the Civil Practice Act, the proceeding has been transferred to this court for disposition. Determination annulled on the law, with $20 costs and disbursements payable by the intervenors to the petitioners. Neither the questions of fact nor the board's findings of fact have been considered. The city ordinance of the City of New Rochelle permits the Zoning Board of Appeals to grant a special permit for a gasoline filling station "but not nearer than 1,000 feet to" an existing gasoline station. The station for which the permit is sought lies less than 600 feet from the nearest gasoline station. In our opinion, the Zoning Board of Appeals had no power to disregard or vary the thousand-foot limitation ( Matter of Texas Co. v. Sinclair, 279 App. Div. 803, affd. 304 N.Y. 817; Matter of Board of Educ. v. Wolf, 10 A.D.2d 713). The distance requirement is a specific limitation on the power of the Zoning Board of Appeals in granting a special permit. It is contrary to the intention of the ordinance to permit the Zoning Board of Appeals to free itself from this express restriction on its power. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.