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MATTER OF KOREAN JOONG BU PRESBYTERIAN CHURCH OF NEW YORK v. INCORPORATED VILLAGE OF OLD WESTBURY

2 N.Y.3d 787 (2004)

814 N.E.2d 409

781 N.Y.S.2d 239

In the Matter of KOREAN JOONG BU PRESBYTERIAN CHURCH OF NEW YORK, Appellant, v INCORPORATED VILLAGE OF OLD WESTBURY et al., Respondents.

Court of Appeals of the State of New York.

Decided May 13, 2004.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Mineola (A. Thomas Levin of counsel), for appellant.

Farrell Fritz, P.C., Uniondale (John M. Armentano of counsel), for respondents.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted for further proceedings in accordance with this memorandum.

Here, the courts below and the board of assessors erred as a matter of law in concluding that petitioner church was not entitled to a tax exemption pursuant to RPTL 420-a simply because the church's proposed use of the property was unauthorized due to its lack of a...

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