Berlin v. New Hope Holiness Church of God, Inc.

Rubin, J.,

dissents and votes to reverse the order and grant the appellants’ motion to the extent of vacating the judgment of foreclosure and sale, with a memorandum, in which Boyers, J., concurs. At the outset it should be stated that I am in full agreement with the majority that the apparent basis for Special Term’s decision is erroneous. Insofar as pertinent, subdivision 1 of section 12 of the Religious Corporations Law provides that: “A religious corporation shall not sell, mortgage or lease for a term exceeding five years any of its real property without applying for and obtaining leave…