Opinion
2013-12-5
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.
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. MAZZARELLI, J.P., SWEENY, DeGRASSE, FREEDMAN, GISCHE, JJ., concur.