IN RE LUTHERAN CHURCH v. HUDSON TEMPLE CH

ORDERED that the order is affirmed, with costs.

It is well settled that where a case is tried without a jury, this court's power to review the evidence "is as broad as that of the trial court, bearing in mind, of course, that due regard must be given to the decision of the Trial Judge who was in a position to assess the evidence and the credibility of the witnesses" (BGW Dev. Corp. v. Mount Kisco Lodge No. 1552, 247 A.D.2d 565, 567). The trial court's determination will not be disturbed unless its conclusions could not be reached under a fair interpretation of the evidence (see, BGW Dev. Corp. v. Mount Kisco Lodge No. 1552, supra; Matter of Ingargiola, 212 A.D.2d 789). The Supreme Court's determination that the individual members of the petitioner, Lutheran Church of Our Savior, who commenced this proceeding to sell real property to the respondent were duly-appointed trustees of the petitioner is supported by a fair interpretation of the evidence.

FEUERSTEIN, J.P., KRAUSMAN, FRIEDMANN and SCHMIDT, JJ., concur.