YOUNG ISRAEL v. BD. OF STDS. & APP.


39 A.D.2d 51 (1972)

Young Israel of Scarsdale, Appellant, v. Board of Standards and Appeals of the City of New Rochelle et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1972.


Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler (Michael Malina and Randolph S. Sherman of counsel), for appellant.

Francis S. Claps, Corporation Counsel (Maxwell E. Charat of counsel), for respondents.

Julius Berman for National Jewish Commission on Law and Public Affairs and others, amici curiae.

MUNDER, Acting P. J., and MARTUSCELLO, J., concur with SHAPIRO, J.; BENJAMIN, J., dissents and votes to affirm, in an opinion, in which CHRIST, J., concurs.


SHAPIRO, J.

The petitioner, a recently formed congregation of Orthodox Jews, which has approximately 30 members, was incorporated in 1970 under the Religious Corporations Law. On August 28, 1970 it purchased a one-family home in a residential district in the City of New Rochelle for use as a residence for the Rabbi and a synagogue for the congregation. Such use is permitted in a residential district under the...

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