Autokefalos Orthodox Spiritual Church of Saint George v. City of Mount Vernon

In a proceeding under article 78 of the Civil Practice Act, petitioners appeal from an order dismissing their petition, on the merits. Order modified on the law by striking from the first ordering paragraph the words “ upon the merits ” and by substituting therefor “ without prejudice to any right of action which the petitioners may have to cancel assessments or to enjoin the collection of tax liens ”, and as so modified order unanimously affirmed, without costs. If timely instituted, appellants had the right in this proceeding to seek relief if their real property was, as alleged, exempt…