Appellants are respectively the lessee and the owner of a parcel of real property in the town of Hempstead, which property is zoned as in an industrial district of said town. The appeal is from an order which granted respondents' motion to dismiss the petition in a proceeding under article 78 of the Civil Practice Act to review the denial by the respondent town board of the application of the said lessee for permission to use the property as an open-air, drive-in theatre, as a special exception, and to direct the respondent chief building inspector of the said town to issue a building permit for construction and operation of such theatre. Order reversed, with $10 costs and disbursements, and motion denied, with leave to respondents to serve an answer to the petition within twenty days after the entry of the order hereon. Determination as to whether the town board's action was unconstitutional, capricious or arbitrary should not be made until after a hearing at which all pertinent facts may be adduced. Nolan, P.J., Wenzel, MacCrate, Schmidt and Ughetta, JJ., concur.