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MTR. OF SEVENTH DAY ADVENTISTS v. MILLER

54 Misc.2d 268 (1967)

In the Matter of Greater New York Corporation of Seventh Day Adventists, Petitioner, v. Walter R. Miller et al., Constituting the Board of Appeals of the Village of Old Westbury, Respondents.

Supreme Court, Special Term, Nassau County.

June 21, 1967

Attorney(s) appearing for the Case

Julius J. D'Amato for petitioner. Andromidas, McKnight, Pratt, Caemmerer & Pitcher (George C. Pratt of counsel), for respondents.

JOSEPH LIFF, J.

In this proceeding pursuant to article 78 of the CPLR the petitioner prays for a judgment annulling a determination of the respondents filed March 1, 1967, and directing the issuance of the permit requested; viz., permission to erect on the petitioner's property (vacant land) a church and parochial school.

In its decision the Board of Appeals based its denial of the special exception permit sought under subdivision 15 of section...

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