MATTER OF SMITH, SR. v. BAPTIST CHURCH


35 A.D.3d 749 (2006)

826 N.Y.S.2d 431

In the Matter of CARL G. SMITH, SR., Appellant, v. CALVARY BAPTIST CHURCH et al., Respondents.

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

Decided December 19, 2006.


Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

The Supreme Court improperly, in effect, denied the petition to compel the production of certain books and records of the respondent Calvary Baptist Church (hereinafter the Church) and dismissed the proceeding on the ground that the petitioner lacked standing to commence the proceeding. A proceeding...

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