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MTR. OF DIOCESE OF ROCHESTER v. PLAN. BD.

1 N.Y.2d 508 (1956)

In the Matter of the Diocese of Rochester et al., Appellants, v. Planning Board of Town of Brighton et al., Respondents, and John C. Romano et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Porter R. Chandler and David H. Shearer for appellants.

Leo Pfeffer, Will Maslow and Shad Polier for American Jewish Congress, amicus curiæ, in support of appellants' position.

Charles J. Tobin, Jr., for New York State Catholic Welfare Committee, amicus curiæ, in support of appellants' position.

Andrew L. Gilman and Harold S. Coyle for respondents.

William F. Strang for intervenors-respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD and BURKE, JJ., concur with FROESSEL, J.; VAN VOORHIS, J., dissents and votes to affirm in an opinion.

FROESSEL, J.

This is an appeal pursuant to leave of the Appellate Division, Fourth Department, from an order of that court which unanimously affirmed an order, entered in an article 78 proceeding, of Special Term, Monroe County. Special Term dismissed the petition on the merits on the ground that no triable issue of fact had been raised, and affirmed respondents' decisions denying petitioners' application for...

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