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Court Verdict of St. Mary's Church, W Nyack

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  • KEFA - New York
    Dear Moderators of SOCM; We are attaching the court verdict of St. Mary s Church along with this email. A lot of people have doubts if what we are saying is
    Message 1 of 1 , Oct 22, 2004
    • 0 Attachment
      Dear Moderators of SOCM;

      We are attaching the court verdict of St. Mary's Church along with this email. A lot of people have doubts if what we are saying is true or not. So Please upload this files in the group and share it with our faithful. Let the people read the court verdict and judge for themselves.

      We still do not have a place to worship even after this court verdict because of the physical occupation by Mor Nicholovas. We dont not wish to drag you people into this mess. We wants to informing our faithful the facts so they know what these IOC people says actual waht they does.

      Please pray for the the members of this church who are forcefully kicked out from their own parish.

      Theshbuhatho Laloho
      SONS of KEFA
      NY Chapter
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      From the desk of the moderators

      As the attached files were in PDF format, we are not in a position to include it in our Daily Digest. Therefor we retyped the whole and pasting it below. In due course we will try to publish it in JPG file format in our photo gallery with MSN
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      Page 1.
      SUPREME COURT OF THE STATE OF NEW YORK
      COUNTRY OF ROCKLAND
      PRESENT:
      BON. WILLIAM E. SBERWOOP
      SUPREMS COURT JUSTICE
      x
      MALANKARA ARCHDIOCESE OF THE SYRIAN ORTHODOX CHURCH IN NORTH AMERICA, et al.
      Plaintiffs

      -against-

      FR. MATHEW THOMAS , at al,
      Defendants

      Index No.1579/03
      Motion Date: 7/30/04

      ORDER

      The fo11owing papers were read on the motion of the plaintiffs for an order, pursuant to CPLR 32:12, granting them summary judgment: against the defendants:

      Notice of Motion - Affirmation � Affidavit 1-3
      Memorandum of Law Affirmation in opposition Memorandum of Law 4
      Affirmation in Opposition 5
      Memorandum of law 6
      Reply Affirmation 7
      Reply Memorandum of Law 8
      Sur Reply Affirmation 9

      Upon the foregoing papers it is hereby ORDERED that the said motion is-granted to the., extent set forth herein.

      The certificate of incorporation of: St. Mary�s Malankara Syrian Orthodox Church of Rockland (St. Mary's) indicates that: the object of the corporation is to worship and conduct services in accordance with the customs of the Malankara Syrian Orthodox Church. The defendants admit that, pursuant co a vote of the persons

      Page 2

      they claim are the member6 of St, Mary�s, St Mary�s has become associated with the American Diocese of the Malankara Orthodox Christian Syrian Church. Under the constitution and. by laws of St. Mary�s, the parish may not be amalgamated with another church or religious group without the support of the Archbishop and the final approval of the patriarch. On the record before this court it is clear that defendants did not: have the approval of the patriarch to become a parish of the American Diocese of the Ma1ankara orthodox Christian Syrian Church, an organization that is not subject to the authority of the Malankara Syrian Orthodox Church.

      While the defendants are Free to associate with whatever rel1gious organization they choose, at issue here is the control of St. Mary's property. When St. Mary's was formed it was determined that it would he affiliated with and subordinate to the Malankara Syrian Orthodox Church. This has not changed and the use of the property belongs with the group that remains loyal to the Malankara Syrian Orthodox Church. Russian church Our Lady of Kazaz v Dunkel, 33 NY2d 456 (1984) . Thus. the defendants are not entitled to continued possession of St. Mary's property.

      As to the issue of who are members of St. Mary's, this is a determination which is to be made by the Malankara Syrian Orthodox Church, not the courts. Matter of: Kissell v Ru.ssian Orthodox Greek Catholic Holy Trinity Church of Yonkers, 103 AD2d 830 (2 nd Dept 1984)

      While plaintiffs' motion is granted. they are not entitled to attorney's fees.

      Settle judgment
      Dated: New City, J1'ew York
      Ocother 4 , 2004
      (sd)
      HON. WILLIAM E SHERWOOD
      JUSTICE OF THE SUPREME COURT

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      Mor Nicolovas's posting in the IO Forum, Digest Number 1332 message 2.
      http://groups.yahoo.com/group/IndianOrthodox/message/8713
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      Message: 2
      Date: Fri, 15 Oct 2004 08:32:10 EDT
      From: Nicholovos Thirumeni
      Subject: St. Mary's Church, West Nyack

      I am writing this in response to a posting on another Forum some one forwarded to me with regard to St. Mary's Church, West Nyack, NY. There is court case pending before the Supreme Court of Rockland County with regard to this Church. This litigation was initiated by Mor Ivanios, Fr. Varkey Mundackal, etc to snatch the church from the members. In the beginning itself they did not try to go to the court directly as it has been always their style they came with group of people and try to physically occupy the church. When this attempt was resisted and police was called in they went away and file the court case. Not a single person who is a member of that parish at the time of the initiation of the court case is with them.

      On October 4, 2004. The court gave its summary judgment on the matter. The court findings were.

      1. St. Mary's was established to worship according to the traditions of the Malankara Syrian Orthodox Church.

      2. Based on the Constitution of the Church the Defendants have left the Church and cannot continue the possession of the church. (Actually the Parish do not have a constitution)

      3. The membership of the St. Mary's church shall be determined by the Malankara Syrian Orthodox Church and the court shall not interfere with it.

      The only clause they are interpreting on their behalf is the part about the possession of the property by the defendants. This the defendants had already submitted in the court that they do not have the possession of the property hence that part of the order do not have any effect.

      Meanwhile they try to hide the fact that they have been trying very hard in all the procedures that they do not have any formal links to the Malankara Church and they are directly under the Patriarch. In effect court has rejected their stand and categorically asserted the fact St. Mary's belong to the Malankara Church.

      All the litigations on this issue (total three) in the American Diocese were initiated by Mar Ivanios ( Mor Theethose is continuing these more vigorously as his successor) one of the members of his faction. I hope they will honor there own argument in Malankara that the Parish Church shall decide where they should belong and leave these parishes alone.

      I had taken stand that I will not initiate a legal action in this matter in any of the parishes. Even in other parishes at present loyal to Mor Theethose now there is unrest and many want me to intervene and start legal procedures. I have told them it is not worth it. If you are uncomfortable there or are in favor of united Malankara Church I can arrange to have them given membership in one of the local parishes of the American Diocese. Many have accepted this suggestion also.

      God bless you.
      Love,
      Nicholovos Thirumeni
      Tel: (718) 470-9844
      Fax: (718) 470-9219
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