In re Congregation Beth David Anshey Roman

New York Supreme Court

In re Congregation Beth David Anshey Roman

206 Misc. 600, 133 N.Y.S.2d 589, 1954 N.Y. Misc. LEXIS 2261

DecidedSeptember 20, 1954

StatusPublished

This text of 206 Misc. 600 (In re Congregation Beth David Anshey Roman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Congregation Beth David Anshey Roman, 206 Misc. 600, 133 N.Y.S.2d 589, 1954 N.Y. Misc. LEXIS 2261 (N.Y. Super. Ct. 1954).

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Opinion

Matthew M. Levy, J.

This is an ex parte application by the petitioner Congregation for judicial authorization to distribute out of its general cash fund the sum of $125 to each of its members or a total gift of $6,125. The petitioner is a religious corporation whose total assets amount to $13,600, consisting of cemetery plots, religious scriptures, and cash in bank. The membership is forty-nine in number. .

The application is denied. No statute or precedent has been presented to support the petition. Section 5 of the Religious Corporations Law provides for the permissible area of corporate disbursement. If the proposed disposition of the funds is for one of the uses specified, judicial authorization is not required; if beyond the scope of statutory sanction, judicial approval is inappropriate.

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Matthew M. Levy, J.

This is an ex parte application by the petitioner Congregation for judicial authorization to distribute out of its general cash fund the sum of $125 to each of its members or a total gift of $6,125. The petitioner is a religious corporation whose total assets amount to $13,600, consisting of cemetery plots, religious scriptures, and cash in bank. The membership is forty-nine in number. .

The application is denied. No statute or precedent has been presented to support the petition. Section 5 of the Religious Corporations Law provides for the permissible area of corporate disbursement. If the proposed disposition of the funds is for one of the uses specified, judicial authorization is not required; if beyond the scope of statutory sanction, judicial approval is inappropriate.

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Bluebook (online)

206 Misc. 600, 133 N.Y.S.2d 589, 1954 N.Y. Misc. LEXIS 2261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-congregation-beth-david-anshey-roman-nysupct-1954.