Mays v. Burrell, 124 A.D.2d 714 (N.Y. App. Div. 1986). · Go Syfert
Mays v. Burrell, 124 A.D.2d 714 (N.Y. App. Div. 1986). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: County Oil Co. v. New York City Department of Environmental Protection (nyappdiv, 2013-11-13) · Strongest negative: Congregation Yetev Lev D'Satmar, Inc. v. Kahana (ny, 2007-11-20)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "but see" Congregation Yetev Lev D'Satmar, Inc. v. Kahana (2×)
NY · 2007 · signal: but see · confidence high
The Appellate Divisions have resolved similar disputes (see Matter of Kaminsky, 251 App Div 132 [4th Dept 1937], affd 277 NY 524 [1938]; Sillah v Tanvir, 18 AD3d 223 [1st Dept 2005], lv denied 5 NY3d 711 [2005]; but see Mays v Burrell, 124 AD2d 714 [2d Dept 1986]).
discussed Cited as authority (rule) County Oil Co. v. New York City Department of Environmental Protection
N.Y. App. Div. · 2013 · confidence medium
Such allegations are insufficient to confer standing to assert the first and second causes of action (see Mays v Burrell, 124 AD2d 714, 714 [1986]; see also Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. Hempstead, 69 NY2d 406 [1987]).
discussed Cited as authority (rule) County Oil Co. v. New York City Department of Environmental Protection
N.Y. App. Div. · 2013 · confidence medium
Such allegations are insufficient to confer standing to assert the first and second causes of action (see Mays v Burrell, 124 AD2d 714, 714 [1986]; see also Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. Hempstead, 69 NY2d 406 [1987]).
cited Cited as authority (rule) St. Matthew Church of Christ, Disciples of Christ, Inc. v. Creech
N.Y. Sup. Ct. · 2003 · confidence medium
Courts may intervene in church disputes involving civil rights or property which can be resolved without implicating religious doctrine or belief (Mays v Burrell, 124 AD2d 714, 714 [1986]).
discussed Cited "see, e.g." Watson v. Christie
N.Y. App. Div. · 2001 · signal: see also · confidence low
Orthodox Diocese v Milivojevich, 426 US 696, 724-725 ; Presbyterian Church v Hull, 393 US 440, 449 ; see also, Mays v Burrell, 124 AD2d 714 [“It.is well established that absent the invasion of civil or property rights, courts will not interfere with matters * * * concerning the internal affairs of a church”]).
Retrieving the full opinion text from the archive…
Willie Mays
v.
James L. Burrell
Appellate Division of the Supreme Court of the State of New York.
Nov 17, 1986.
124 A.D.2d 714
1986 N.Y. App. Div. LEXIS 62019
Cited by 9 opinions  |  Published

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 AD2d 256, affd 3 NY2d 476; Rector of Christ’s Church v Collett, 208 App Div 695, affd 240 NY 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 Corpora[*715] tions Law, are insufficient to withstand a motion to dismiss. Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.