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MATTER OF BETHELITE COMMUNITY CHURCH v. DEPARTMENT OF ENVTL. PROTECTION

9401, 103377/04.

172 A.D.3d 587 (2019)

2019 NY Slip Op 04040

In the Matter of Bethelite Community Church et al., Appellants, v. Department of Environmental Protection of the City of New York, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 23, 2019.

In Matter of Brooklyn Assembly Halls of Jehovah's Witnesses, Inc. v Department of Envtl. Protection of City of N.Y. (11 N.Y.3d 327 [2008]), the Court of Appeals upheld respondent's determination that the petitioner church could qualify for an exemption from water and sewer charges only for the portion of its building used for public worship, plus one caretaker's dwelling. Contrary to petitioner's arguments, the case is controlling...

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