New York Court of Appeals

In the Matter of Congregation Yetev Lev D’Satmar, Inc., Appellants v. Jacob (Jeno) (Yaakov) Kahana…

November 20, 20079 N.Y.3d 282

Summary

The New York Court of Appeals affirmed the lower courts' dismissal of the election dispute between rival factions of Congregation Yetev Lev D'Satmar, holding that the case is nonjusticiable because resolving it would require inquiry into religious doctrine, which the First Amendment forbids. Justice Smith dissented, arguing that the dispute could be decided on neutral principles and should be remanded for a merits determination.