A New York court has again declined to get involved in the dispute between two factions of Satmar Chassidim. Briefly, and as I understand the dispute, two factions of Satmar Chassidim are competing for control of various assets belonging to the Satmar congregation. After years of legal battles, the New York State Court of Appeals affirmed a New York Supreme Court decision that the dispute between the two factions presented a “nonjusticiable religious controversy” (see Matter of Congregation Yetev Lev D’Satmar, Inc. v Kahan). The Supreme Court decision included the statement that “the Court leaves intact the status quo in terms of day-to-day operations of the Congregation and its institutions,” pending any further directive from an appropriate religious leader or ecclesiastical tribunal.
In the latest attempt to involve the courts, one of the factions asked the court for a judgment declaring that the other faction is not authorized to act on behalf of the Congregation, based on the Supreme Court’s “directive” in the prior matter that the status quo, which, according to the plaintiffs, consists of their de facto control of the Congregation, be left intact.
The Supreme Court dismissed the case and the plaintiff faction appealed. The Appellate Division, Second Department affirmed the Supreme Court’s dismissal finding that: “Contrary to the appellants’ contention, the statement in the [prior] Supreme Court’s order did not confer any legal rights upon them. The plaintiffs’ present action is merely an attempt to obtain a judicial determination that their faction is authorized to act on behalf of the Congregation, which is precisely the issue that the Court of Appeals held to be nonjusticiable.” Frankel v Congregation Yetev Lev D’Satmar
Is the battle finally over?
