ORDER MINOR v. LEE


64 A.D.2d 227 (1978)

Order Minor Conventuals, Respondent, v. Ivan Lee, as Assessor of The Town of Maine, et al., Appellants

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

October 26, 1978


Attorney(s) appearing for the Case

Stuart M. Pearis, Town Attorney, for appellants.

Costello, Cooney & Fearon (Charles E. Cooney, Jr., of counsel), for respondent.

John E. Murray (Gerald F. Mollen of counsel), for Broome County, amicus curiae.

Robert L. Beebe for State Division of Equalization & Assessment, amicus curiae.

GREENBLOTT, KANE, STALEY, JR., and MAIN, JJ., concur.


MAHONEY, P. J.

Plaintiff, a New York State not-for-profit corporation recognized as tax exempt under the Internal Revenue Code, was created under chapter 190 of the Laws of 1914 by the Franciscan Fathers, whose membership is limited to the Catholic priesthood, and had among its purposes the acquisition of property and the construction, establishment and maintenance of churches, schools and missions. In 1973 plaintiff...

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