Faith for Today, Inc. v. Murdock
| Decision Date | 23 March 1961 |
| Citation | 215 N.Y.S.2d 70,9 N.Y.2d 761 |
| Parties | , 174 N.E.2d 743 Application of FAITH FOR TODAY, INC., Respondent, v. Harris H. MURDOCK et al., Constituting the Board of Standards and Appeals of The City of New York, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 11 A.D.2d 718, 204 N.Y.S.2d 751.
The petitioner, a membership corporation which was a branch of the Seventh Day Adventists denomination and a philanthropic and eleemosynary institution, brought a proceeding under the Civil Practice Act, § 1283 et seq., to review a determination of the Board of Standards and Appeals of the City of New York affirming a determination of the Superintendent of Buildings denying the application of the petitioner for an alteration permit to add a two-story and cellar extension of dwelling in residence use district and to expand present use to include dining room, kitchen, printing shop, storage room, chapel, Bible classroom, and private garage and parking area.
The Supreme Court, Special Term, Queens County, Charles Margett, J., 20 Misc.2d 634, 194 N.Y.S.2d 708, rendered an order dismissing the petition and sustaining the determination of the Board, and the petitioner appealed.
The Appellate Division, 11 A.D.2d 718, 204 N.Y.S.2d 751, reversed the order on the law, granted the petition, annulled the determinations of the Board and the Superintendent of Buildings, and remitted the matter, and held that zoning resolution did not prohibit petitioner from carrying out its functions in its proposed manner in the residential use district.
The Board appealed to the Court of Appeals.
Charles H. Tenney, Corp. Counsel, New York City, for respondents-appellants (Seymour B. Quel, Alfred Weinstein, Elias Low, New York City, of counsel).
Order affirmed, with costs.
All concur.
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Bright Horizon House, Inc. v. Zoning Bd. of Appeals of Town of Henrietta, Monroe County
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