Legal Opinion
Mays v. Burrell
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1986PublishedCited by 8 opinions
1Opinion of the Court
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…
2Cases cited5 opinions
- Rector v. MelishNew York Court of Appeals · 1957
- Rector v. MelishAppellate Division of the Supreme Court of the State of New York · 1957
- Waller v. HowellNew York Supreme Court · 1897
- Rector, Churchwardens & Vestrymen of Christ's Church v. CollettNew York Court of Appeals · 1925
- Rector, Churchwardens & Vestrymen of Christ's Church v. CollettAppellate Division of the Supreme Court of the State of New York · 1924
3Cited by8 opinions
- Congregation Yetev Lev D'Satmar, Inc. v. KahanaNew York Court of Appeals · 2007
- Congregation Yetev Lev D'Satmar, Inc. v. KahanaAppellate Division of the Supreme Court of the State of New York · 2006
- Watson v. ChristieAppellate Division of the Supreme Court of the State of New York · 2001
- St. Matthew Church of Christ, Disciples of Christ, Inc. v. CreechNew York Supreme Court · 2003
- Thompson v. BruceAppellate Division of the Supreme Court of the State of New York · 2009
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