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AMER. FRIENDS v. SCHWAB

68 A.D.2d 646 (1979)

In the Matter of American Friends of the Society of St. Pius, Inc., Respondent, v. Hermann C. Schwab et al., Constituting The Board of Trustees of the Incorporated Village of Oyster Bay Cove, Appellants

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

July 2, 1979

Attorney(s) appearing for the Case

Sprague, Dwyer, Aspland & Tobin, P. C. (Joseph L. Tobin, Jr., and Eugene Kirby Ferencik of counsel), for appellants.

Cohn & Foley (William S. Cohn of counsel), for respondent.

LAZER, GULOTTA and COHALAN, JJ., concur with SHAPIRO, J.; SUOZZI, J. P., dissents and votes to modify the judgment by adding thereto a provision that if, upon remand, it is determined that the adverse effects of petitioner's church cannot be mitigated and that an irreconcilable conflict develops between the right to erect a religious structure and the hazards generated by this use, the former must yield to the village's zoning requirements, with an opinion.

SHAPIRO, J.

The Board of Trustees of the Incorporated Village of Oyster Bay Cove (the board) denied petitioner's application for permission to use certain real property which it owns as a church and residence for priests. Special Term (BURKE, J.) annulled that determination and remitted the matter to the board with a direction that it grant the application under "such...

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