MATTER OF AUTOKEFALOS ORTHODOX SPIRITUAL CHURCH OF SAINT GEORGE v. CITY OF MOUNT VERNON


283 A.D. 801 (1954)

In the Matter of Autokefalos Orthodox Spiritual Church of Saint George, the Tropeophoros, et al., Appellants, v. City of Mount Vernon et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 1954.


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 from taxation...

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