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UNITARIAN UNIV. CHURCH v. SHORTEN

64 Misc.2d 851 (1970)

In the Matter of the Unitarian Universalist Church of Central Nassau, Petitioner, v. John A. Shorten et al., Constituting the Board of Appeals of the Village of Garden City, et al., Respondents.

Supreme Court, Special Term, Nassau County.

November 9, 1970

Attorney(s) appearing for the Case

Vincent J. Mutari, Marc P. Cherno and Steven J. Hyman for petitioner. Cullen & Dykman for respondents. Lawrence M. Lally for intervenors.

BERNARD S. MEYER, J.

In this article 78 proceeding petitioner was awarded judgment on its first cause of action declaring that a special exception permit was not required for its operation of a day care center and directing the respondent Bureau of Fire Prevention to inspect petitioner's premises for compliance with local fire ordinances as required by rules of the State Board of Social Welfare (

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