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MATTER OF CMTY. SYNAGOGUE v. BATES

1 N.Y.2d 445 (1956)

In the Matter of the Community Synagogue, Appellant, v. Chester E. Bates et al., Constituting the Board of Appeals of the Incorporated Village of Sands Point, Respondents, and the Incorporated Village of Sands Point, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Henry Root Stern, Jr., and George C. Pratt for appellant.

Charles J. Tobin, Jr., and Porter R. Chandler for New York State Catholic Welfare Committee, amicus curiæ, in support of appellant's position.

J. Oakey McKnight for respondents.

Jackson A. Dykman and Ralph W. Crolly for intervenor-respondent.

DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur with CONWAY, Ch. J.; VAN VOORHIS, J., dissents and votes to affirm for essentially similar reasons to those expressed in his dissenting opinion in Matter of Diocese of Rochester v. Planning Bd. of Town of Brighton (, decided herewith).

CONWAY, Ch. J.

Petitioner, the Community Synagogue, obtained a deed to the premises herein involved on February 4, 1955 and in the following month applied to the board of appeals of the Village of Sands Point (hereinafter referred to as the Village) for a change of use permit from that of a one-family dwelling in a Residence A District to that of a church for public worship and other strictly religious uses, and...

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