Opinion
Argued April 19, 1955
Decided July 8, 1955
Appeal from the Supreme Court, Appellate Division, Second Department, J. ADDISON YOUNG, Off. Ref.
Lester D. Stickles, Joseph Scott and J. Francis Hayden for appellant.
Roderick B. Travis, Town Attorney, for Hogarth S. Sweet and others, respondents.
William Scott, II, for Maynard Allen and others, respondents.
Orders of the Appellate Division reversed and those of Special Term reinstated, with costs in this court and in the Appellate Division, upon the ground that the weight of the evidence supports the findings of the Official Referee that the premises of the appellant in both towns are used exclusively for exempt purposes, but that appellant is not a "family" or a "church or other place of worship", so as to conform to the zoning ordinance of the Town of New Castle. We have considered the other points raised and conclude that the Official Referee reached the correct result. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.