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FIRST CHURCH v. UNITED

92 A.D.2d 164 (1983)

First Presbyterian Church of Schenectady et al., Respondents, v. United Presbyterian Church in the United States of America et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 10, 1983

Attorney(s) appearing for the Case

Duncan S. MacAffer for appellants.

Simon, Trieble & Werner (Robert S. Trieble of counsel) and Williamson & Taber (W. Jack Williamson of counsel), for respondents.

SWEENEY and WEISS, JJ., concur with KANE, J.; MAHONEY, P. J., concurs in a separate opinion; CASEY, J., dissents in an opinion.

KANE, J.

This matter concerns the dispute between a local church and its regional presbytery over the power of an administrative commission appointed by the presbytery to control the affairs and property of the local church. At issue is the extent of this court's jurisdiction to determine intrachurch disputes under Federal and State law and, if exercised, the degree of deference required in effectuating such...

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