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 (see Matter of Lynch v. Gardner, 15 A.D.2d 562). Neither the question of fact nor the board's findings of fact have been considered. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.