Opinion
June 12, 1995
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.
There is a well settled distinction between a church as a religious corporation and the same church as a religious society. The corporation, its trustees, and any other persons entitled to vote at corporate meetings have jurisdiction over the property and temporal affairs of the church, while the religious society consisting, inter alia, of the worshipers, has authority over spiritual matters (see, e.g., Fiske v. Beaty, 206 App. Div. 349, affd 238 N.Y. 598; Metropolitan Baptist Church v. Braxton, 137 N.Y.S.2d 294, affd 285 App. Div. 1044; 92 N.Y. Jur 2d, Religious Organizations, § 4).
Whatever claims the plaintiffs might have over spiritual matters at the mosque in question, they have not demonstrated that they possess any legitimate claims to temporal control over the real property on which the mosque is located, which is owned by the defendant Islamic Cultural Center of New York, Inc., and allegedly controlled by the individual defendants. The plaintiffs' use of that property appears to have been pursuant to a lease which has not been renewed (see, Soho Ctr. for Arts Educ. v. Church of St. Anthony, 146 A.D.2d 407). Thus, we agree with the Supreme Court that the plaintiffs have completely failed to demonstrate that they should be awarded a preliminary injunction allowing them to continue to use the defendants' property for their services over the defendants' objections.
We have reviewed the plaintiffs' remaining contentions and find them to be without merit. Sullivan, J.P., Miller, Pizzuto and Friedmann, JJ., concur.