Judge Elbert T. Gallagher of the State Supreme Court here ruled against the suit of 28 residents of nearby Ossining, New York, who sought to prevent the erection of a Nativity scene on public school grounds in the town.
Leo Pfeffer of the American Jewish Congress, attorney for the 28, announced he would take an appeal to the state’s Appellate Division. The American Jewish Congress will file a “friends of the court” brief in support of the 28.
Isaac Toubin, executive director of the AJC, declared: “The question at issue is whether a scene depicting the birth of Jesus–the symbol of one religion–may be placed on public property that belongs to people of all religions.” A similar suit last year was also turned down by the Supreme Court at White Plains.
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