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MATTER OF METROPOLITAN NEW YORK SYNOD OF THE EVANGELICAL LUTHERAN CHURCH OF AMERICA v. DAVID

Nos. 7516, 107556/11.

95 A.D.3d 419 (2012)

943 N.Y.S.2d 476

2012 NY Slip Op 3378

In the Matter of METROPOLITAN NEW YORK SYNOD OF THE EVANGELICAL LUTHERAN CHURCH OF AMERICA, Respondent, v. NORMAN DAVID et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 1, 2012.

The dismissal of the prior action in Supreme Court, Kings County, challenging the validity of the application of synodic administration to the church in question bars the objections to the instant petition, pursuant to the doctrine of judicata (see Gramatan Home Invs. Corp. v Lopez, 46 N.Y.2d 481, 485 [1979]). Moreover, petitioner's determination that the congregation had become so diminished and scattered that it could no longer...

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