Legal Opinion · Concurrence

Rector v. Melish

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1957Published

1Concurrence

Nolan, P. J. (concurring).

I agree with Mr. Justice Wenzel in his opinion that the judgment appealed from should be reversed, and in his statement of the reasons which require that determination. We disagree only with respect to the disposition of other issues, which could be decided either way, without changing the result.

If we have correctly decided, as I believe we have, that matters affecting the pastoral relation, such as the election of a rector in a Protestant Episcopal Church are governed by the laws of the church, and not by the provisions of our statute *268(Religious Corporations Law, §…

2Cases cited12 opinions

  1. Meltzer v. KoenigsbergNew York Court of Appeals · 1951
  2. People v. BarberNew York Court of Appeals · 1943
  3. Sweeney v. . City of New YorkNew York Court of Appeals · 1919
  4. Pattison v. PattisonNew York Court of Appeals · 1950
  5. Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897

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