Opinion
May 4, 1949.
Appeal from Supreme Court, Fulton County.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ. [See post, p. 1004.]
Plaintiff was incorporated to give instruction in Christian doctrine, to maintain camps and assemblies for physical, moral and spiritual advancement, without profit, and to hold and manage real property for such purposes. The property exempted, consisting of a four-acre island in Whitaker Lake and forty-six acres on the adjacent mainland, has been used as a boys' camp for eight weeks each summer. The court below has found that such camp has been conducted without profit as a religious summer camp, and that the real property of the plaintiff has been used in its entirety in connection therewith. Also that such use has been in accordance with the purposes for which plaintiff was incorporated. The evidence sustains the findings and the judgment ( Matter of Silver Bay Assn. v. Braisted, 80 N.Y.S.2d 548, affd. 196 App. Div. 913). Judgment unanimously affirmed, with costs.