Opinion
3925.
Decided June 17, 2004.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 31, 2003, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Rosen, Leff, Esqs., Hempstead (David M. Fish of counsel), for appellant.
Jackson Lewis LLP, White Plains (Daniel V. Duff III of counsel), for respondents.
Before: Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ.
The court properly determined that it lacked subject matter jurisdiction over these causes of action. Plaintiff was a pastoral associate and chaplain whose primary function served the spiritual and pastoral mission of the church. Interference with this mission would violate the Free Exercise Clause of the First Amendment, under the "ministerial exception" to employment discrimination claims ( Equal Empl. Opportunity Commn. v. Catholic Univ. of Am., 83 F.3d 455 [DC Cir]; Rayburn v. General Conference of Seventh-Day Adventists, 772 F.2d 1164 [4th Cir], cert denied 478 U.S. 1020; Kraft v. Grace Church, 2004 US Dist LEXIS 4234 [SD NY]). Accordingly, we need not reach plaintiff's remaining contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.