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McGANN v. OLD WESTBURY

186 Misc.2d 661 (2000)

719 N.Y.S.2d 803

JOHN R. McGANN, as Bishop of the Roman Catholic Diocese of Rockville Centre, et al., Plaintiffs, v. INCORPORATED VILLAGE OF OLD WESTBURY et al., Defendants.

Supreme Court, Nassau County.

November 9, 2000.

Attorney(s) appearing for the Case

Bennett, Rice & Schure, L. L. P., Rockville Centre (Richard J. Schure and Kevin P. McDonough of counsel), for plaintiffs.

Farrell Fritz, P. C., Uniondale (John M. Armentano, Marianne Monroy and Colleen McMahon of counsel), for defendants.

OPINION OF THE COURT

THOMAS P. PHELAN, J.

This is a declaratory judgment action tried without a jury principally to determine whether plaintiffs' proposed use as a cemetery of its 97-acre parcel, bounded on the south by Jericho Turnpike, on the east by Hitchcock Lane, and on the west by Powell Lane, in the Incorporated Village of Old Westbury would constitute a religious use of property entitling plaintiffs...

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