Majority
Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered February 14, 2006, which, upon the prior grant of defendant’s cross motion pursuant to CELR 3211, dismissed the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about February 6, 2006, unanimously dismissed, without costs, as subsumed within the appeal from the ensuing judgment.
The court properly found that the disposition of the church property and funds at issue were matters within defendant’s ecclesiastical authority and, accordingly, that the relief sought by plaintiffs, i.e., an order mandating that the funds in question be used to restore the subject property for use as a church, would impermissibly involve the court in the governance and administration of a hierarchical church (see Serbian Eastern
We have considered plaintiffs’ remaining contention and find it unavailing. Concur—Tom, J.E, Mazzarelli, Marlow, Nardelli and Sweeny, JJ.
Cases cited
- Serbian Eastern Orthodox Diocese for the United States v. Milivojevich 426 US 696 p. 357
- Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North America 344 US 94 p. 357
- Jones v. Wolf 443 US 595 p. 357
- New York City Health & Hospitals Corp. v. St. Barnabas Hospital 10 AD3d 489 at 491 p. 357