ST. JOHN'S GREEK CATHOLIC CHURCH v. FEDAK


89 N.J. Super. 65 (1965)

213 A.2d 651

ST. JOHN'S GREEK CATHOLIC HUNGARIAN RUSSIAN ORTHODOX CHURCH OF RAHWAY, NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, ALSO KNOWN AS ST. JOHN THE BAPTIST RUSSIAN ORTHODOX GREEK CATHOLIC CHURCH, REVEREND THEOPHIL D. KREHEL, RECTOR OF ST. JOHN'S GREEK CATHOLIC HUNGARIAN RUSSIAN ORTHODOX CHURCH OF RAHWAY, NEW JERSEY, SIMEON FINZELL AND EUGENE ALESHIN, TRUSTEE AND AUDITOR, RESPECTIVELY, OF ST. JOHN'S GREEK CATHOLIC HUNGARIAN RUSSIAN ORTHODOX CHURCH, JOHN WANKO, IRENE ALLEN, JOSEPH MAGDA, HELEN MAGDA, MARY KAMINSKY, HELEN MEHALICK, STEPHEN MEHALICK, AL BABICH, HELEN BABICH, HELEN NICHOLAS, MILDRED STEPICH, MICHAEL STEPICH, EUGENE ERWINSKI, ALICE ERWINSKI, AND GEORGE SEKEL, PLAINTIFFS, v. MICHAEL FEDAK, MICHAEL SUDIA, JOHN PETRONKO, SR., WILLIAM WANKO, EDWARD GOLINSKI, MARY KAPPEL, MARY KOCHAN, MICHAEL PETRIN, ANTHONY VANUK, ALEXIS MOCKOS, MICHAEL ZSIDISIN, THOMAS RUSTICK, AND PHILIP YURCHUK, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 30, 1965.


Attorney(s) appearing for the Case

Mr. Paul R. Williams, Jr. for plaintiffs (Mr. Dominick A. Mirabelli, attorney).

Mr. Philip Adler of the New York Bar for defendants (Mr. Edward Feld, attorney).


MINTZ, J.S.C.

This is an action to determine, inter alia, the right to the use and control of church property. In essence, this case involves a schism among the membership of St. John's Greek Catholic Hungarian Russian Orthodox Church of Rahway, New Jersey (hereinafter referred to as St. John's). Plaintiffs contend that St. John's is an integral part of the Russian Orthodox Greek Catholic Church of America (hereinafter sometimes referred to as the Metropolia...

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