Rector, Churchwardens & Vestrymen of Church of Holy Trinity v. Melish

In Rector, Churchwardens & Vestrymen of Church of Holy Trinity v. Melish, (4 A.D.2d 256 [1957]) the Appellate Division, Second Department, reversed the lower court and chose to intervene in a church dispute where the interim rector and a faction within an Episcopal Church refused to relinquish control of the pulpit and church property to the newly elected rector. The Court held that "although the matter of selecting a clergyman for a church is ecclesiastical, it is within the province of the court to determine a dispute as to a given selection where, as here, questions of control and management of temporalities will be settled by the determination of such disputed ecclesiastical matter." (Id. at 259.)