In a proceeding under article 78 of the Civil Practice Act, to compel the City of New York and its officials to issue building permits for four one-family homes in Richmond County, the city and its officials appeal from an order of the Supreme Court, Richmond County, made May 25, 1961, after a hearing, which directed the issuance of the four building permits. Order reversed on the law, without costs, and proceeding dismissed. No questions of fact were considered. The Richmond Borough Superintendent of the Department of Buildings of the City of New York had denied petitioner's applications for the issuance of the building permits. Petitioner thereupon instituted this proceeding without first appealing to the Board of Standards and Appeals for a review of the Building Superintendent's decision denying its applications. As petitioner failed to first exhaust its administrative remedies, the order directing issuance of the permits was improperly granted ( Matter of Towers Management Corp. v. Thatcher, 271 N.Y. 94; Matter of Scarsdale-Harney Corp. v. Briante, 11 A.D.2d 777). Ughetta, Acting P.J., Christ, Pette and Brennan, JJ., concur.