Unitarian Universalist Church v. Shorten

In a prior memorandum (64 Misc 2d 851), movants Bridener and Jaeka were held entitled as of right to intervene after judgment for the purpose of litigating their aggrievement by the court’s earlier decision (63 Misc 2d 978) and judgment in this article 78 proceeding. The memorandum so holding noted that a hearing was necessary ‘ ‘ in view of the existing church use and other surrounding circumstances and the subtle distinctions involved in assaying the difference between the conditions that will exist with the added day care use and those now existing without the use.” The hearing having been…