Unitarian Universalist Church v. Shorten

In this article 78 proceeding petitioner was awarded judgment on its first cause of action declaring that a special exception permit was not required for its operation of a day care center and directing the respondent Bureau of Fire Prevention to inspect petitioner’s premises for compliance with local fire ordinances as required by rules of the State Board of Social Welfare (63 Misc 2d 978). The remaining causes of action in the petition, which had sought review of the denial by the Board of Zoning Appeals of a special exception permit for the center, were dismissed as moot, and as to the…