Rodzianko v. Parish of the Russian Orthodox Holy Virgin Protection Church, Inc.

In an action, inter alia, to permanently enjoin the defendant from taking any further steps to merge or consolidate with the Moscow Patriarchate of the Russian Orthodox Church, on the ground that doing so would violate the defendant’s certificate of incorporation, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Berliner, J.), dated August 22, 2012, as granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (2) for lack of subject matter jurisdiction.

Ordered that the order is affirmed insofar as appealed…