From Casetext: Smarter Legal Research

Mays v. Burrell

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1986
124 A.D.2d 714 (N.Y. App. Div. 1986)

Opinion

November 17, 1986

Appeal from the Supreme Court, Nassau County (Lockman, J.).


Ordered that the judgment is affirmed, with costs.

The petitioner commenced the instant CPLR article 78 proceeding after a March 31, 1985 special meeting of the Antioch Baptist Church resulted in a vote to disband the church's senior choir. The court dismissed the proceeding, noting that "[t]he dispute over the disbanding of the choir is a controversy involving questions of church discipline and ecclesiastical rule and should be determined by the church judicatory and not the civil courts of the State."

The determination dismissing the proceeding was proper. It is well established that absent the invasion of civil or property rights, courts will not interfere with matters such as the instant one, concerning the internal affairs of a church (see, Rector of Church of Holy Trinity v Melish, 4 A.D.2d 256, affd 3 N.Y.2d 476; Rector of Christ's Church v Collett, 208 App. Div. 695, affd 240 N.Y. 563; Waller v Howell, 20 Misc. 236). Moreover, the petitioner's conclusory allegations concerning the respondent's alleged violations of Religious Corporations Law § 164, dealing with the qualification of voters at the special meeting and of the notice provisions of the Religious Corporations Law, are insufficient to withstand a motion to dismiss. Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.


Summaries of

Mays v. Burrell

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1986
124 A.D.2d 714 (N.Y. App. Div. 1986)
Case details for

Mays v. Burrell

Case Details

Full title:WILLIE MAYS, Appellant, v. JAMES L. BURRELL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 1986

Citations

124 A.D.2d 714 (N.Y. App. Div. 1986)

Citing Cases

YU-HSIUNG CHEN v. HAO

Here, the Free Exercise Clause bars this Courts adjudication of Pastor Chen's employment dispute with Faith…

Watson v. Christie

In any event, defendant Dr. Christie himself admits that plaintiff has not been removed as either a member or…