Matter of All Sts. Anglican Church v Episcopal Diocese of Rochester
2007 NY Slip Op 07216 [43 AD3d 1406]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


In the Matter of All Saints Anglican Church, Formerly Known as All 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), for respondents-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. The judgment dismissed the petition.

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