Greater, New York Corp. v. Miller

In this proceeding pursuant to article 78 of the CPLR the petitioner prays for a judgment annulling a determination of the respondents filed March 1, 1967, and directing the issuance of the permit requested; viz., permission to erect on the petitioner’s property (vacant land) a church and parochial school.

In its decision the Board of Appeals based its denial of the special exception permit sought under subdivision 15 of section 1002 of the Building Zone Ordinance, on the finding that the school contemplated by the applicant (petitioner herein) on its 12-acre plot was in fact a nonprofit…