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RECTOR, CHURCH OF HOLY TRINITY v. MELISH

3 N.Y.2d 476 (1957)

Rector, Churchwardens and Vestrymen of the Church of the Holy Trinity et al., Respondents, v. William H. Melish et al., Appellants.

Court of Appeals of the State of New York.

Decided December 5, 1957.

Attorney(s) appearing for the Case

Raphael H. Weissman, Hubert T. Delany and Bernard Reswick for appellants.

George L. Hubbell, Jr., and Edward J. Walsh, Jr., for respondents.

Jackson A. Dykman and Hunter L. Delatour for The Right Reverend James P. De Wolfe, Bishop of Long Island, amicus curiæ, in support of respondents' position.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

This action is for a judgment declaring plaintiff Sidener to be the rector of the Episcopalian Church of the Holy Trinity in Brooklyn, and restraining defendants from interfering with the conduct of religious services therein or with the property, funds and management of the church. The Official Referee dismissed the complaint after a trial but the Appellate Division reversed and ordered judgment as...

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