Legal Opinion
St. Thomas Malankara Orthodox Church, Inc. v. Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 2005PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals, Town of Hempstead, dated February 20, 2003, which, after a hearing, denied the petitioner’s application to waive certain off-street parking requirements, the appeal is from a judgment of the Supreme Court, Nassau County (Martin, J.), entered May 10, 2004, which granted the petition, annulled the determination, and directed the Board of Appeals, Town of Hempstead, to grant the application.
Ordered that the judgment is affirmed, with costs.
It is well settled that “while religious institutions are not…
2Cases cited8 opinions
- Cornell University v. BagnardiNew York Court of Appeals · 1986
- Westchester Reform Temple v. BrownNew York Court of Appeals · 1968
- Genesis Assembly of God v. DaviesAppellate Division of the Supreme Court of the State of New York · 1994
- Islamic Society of Westchester & Rockland, Inc. v. FoleyAppellate Division of the Supreme Court of the State of New York · 1983
- Harrison Orthodox Minyan, Inc. v. Town Board of HarrisonAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by5 opinions
- Westchester Day School v. Village of MamaroneckDistrict Court, S.D. New York · 2006
- Capriola v. WrightAppellate Division of the Supreme Court of the State of New York · 2010
- Tabernacle of Victory Pentecostal Church v. WeissAppellate Division of the Supreme Court of the State of New York · 2012
- Gospel Faith Mission International, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2013
- Gospel Faith Mission International, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2013