Matter of Welz v Meseritz

Matter of Welz v Meseritz 2013 NY Slip Op 08132 Decided on December 5, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 5, 2013
Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Gische, JJ.
11278 116891/09

[*1]In re Berish Welz, etc., Petitioner-Appellant,

v

Congregation Anshe Meseritz, also known as Congregation Esath Lei Israel Anshei Meseritz Synagogue, Respondent-Respondent.




Samuel Katz, New York, for appellant.
Siegel & Reiner, LLP, New York (Charles E. Knapp of
counsel), for respondent.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered June 7, 2012, which, after a hearing, dismissed the petition brought pursuant to Not-For-Profit Corporation Law § 621 seeking to inspect and copy the books and records of respondent Congregation Anshe Meseritz a/k/a Congregation Esath Lei Israel Anshei Meseritz Synagogue, unanimously affirmed, without costs.

The court properly determined that petitioner failed to demonstrate that he was a member of respondent's congregation (see Religious Corporation Law § 195). The record shows that the in the one-year period between July 2008 and July 2009, petitioner's attendance at services was sporadic and his financial contributions to respondent were not sufficient to support a finding of membership. Contrary to petitioner's contention, analysis of the one-year period to determine membership was agreed upon by the parties.

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 5, 2013

CLERK