MATTER OF OUR LADY OF GOOD COUNSEL R.C. CH. v. BALL, 38 N.Y.2d 780 (1975)

381 N.Y.S.2d 866, 345 N.E.2d 338

In the Matter of OUR LADY OF GOOD COUNSEL ROMAN CATHOLIC CHURCH AND SCHOOL et al., Appellants, v. IRA M. BALL, as Commissioner of the State Bingo Control Commission, et al., Respondents.

Court of Appeals of the State of New York.Submitted November 25, 1975
Decided December 22, 1975

Page 781

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THEODORE G. BARLOW, J.

Page 782

John S. Zachary for appellants.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald, Samuel A. Hirshowitz and David H. Berman of counsel), for Ira M. Ball, as Commissioner of the State Bingo Control Commission, and another, respondents.

David M. Schwartz and Robert J. Fishman for Victory Hall, Inc., respondent.

Order affirmed, with costs, on the opinion by Mr. Justice M. HENRY MARTUSCELLO at the Appellate Division (45 A.D.2d 66).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.