Matter of All Sts. Anglican Church v Episcopal Diocese ofRochester

2007 NY Slip Op 07216 [43 AD3d 1406]

September 28, 2007

Appellate Division, Fourth Department

As corrected through Wednesday, November 7, 2007

In the Matter of All Saints Anglican Church, Formerly Known asAll Saints Protestant Episcopal Church, Appellant, v Episcopal Diocese of Rochester et al.,Respondents. (Appeal No. 2.)

—[*1]Eugene Van Voorhis, Rochester, for petitioner-appellant.

Harter Secrest & Emery LLP, Rochester (Thomas G. Smith of counsel), forrespondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County(Kenneth R. Fisher, J.), entered September 20, 2006 in a CPLR article 78 proceeding. Thejudgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed without costs for reasons stated in the decision at Supreme Court.Present—Scudder, P.J., Gorski, Centra, Lunn and Peradotto, JJ.