WARDER v. BD. OF REGENTS


53 N.Y.2d 186 (1981)

In the Matter of Michael Y. Warder et al., as Proposed First Trustees of the Unification Theological Seminary, Appellants, v. Board of Regents of the University of the State of New York, Respondents. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided June 11, 1981.


Attorney(s) appearing for the Case

Peter L. Danziger and Barbara G. Billet for appellants.

Donald O. Meserve, Robert D. Stone and Jean M. Coon for respondents.

Judges JASEN, GABRIELLI and WACHTLER concur with Chief Judge COOKE; Judge JONES dissents and votes to reverse in a separate opinion in which Judges FUCHSBERG and MEYER concur; Judge FUCHSBERG dissents in another dissenting opinion.


Chief Judge COOKE.

Petitioners, proposed trustees of the Unification Theological Seminary, challenge as arbitrary the denial of a provisional charter by the Board of Regents. The Seminary, an educational institution in Barrytown, New York, is sponsored and financially supported by the Holy Spirit Association for the Unification of World Christianity ("Unification Church"), a religious organization incorporated...

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