Opinion
6841 Index 155623/17
06-12-2018
In re CONGREGATION SHAARE ZEDEK, Petitioner–Respondent, v. Steven R. LEVENTHAL, Objector–Appellant.
Michael M. Buchman, New York, for appellant. Axinn, Veltrop & Harkrider LLP, New York (Russel M. Steinthal of counsel), for respondent.
Michael M. Buchman, New York, for appellant.
Axinn, Veltrop & Harkrider LLP, New York (Russel M. Steinthal of counsel), for respondent.
Richter, J.P., Webber, Kahn, Kern, Oing, JJ.
Order, Supreme Court, New York County (Debra A. James, J.), entered July 27, 2017, which, insofar as appealed from as limited by the briefs, denied appellant's objection to the petition for lack of standing, unanimously affirmed, without costs.
Petitioner religious corporation seeks authorization pursuant to Religious Corporations Law § 12 and Not–for–Profit Corporation Law §§ 510 and 511 to redevelop the site of its synagogue building into a mixed-use synagogue and residential condominium. Appellant opposes petitioner's project. However, he lacks standing to be heard in opposition to the petition, because he is not a "member, officer or creditor" of petitioner, (Not–for–Profit Corporations Law § 511[b] ; see Female Academy of the Sacred Heart v. Doane Stuart School, 91 A.D.3d 1254, 937 N.Y.S.2d 682 [3d Dept. 2012] ; Matter of Bridge to Spiritual Freedom, 304 A.D.2d 574, 759 N.Y.S.2d 328 [2d Dept. 2003] ; Matter of Friends World Coll. v. Nicklin, 249 A.D.2d 393, 394, 671 N.Y.S.2d 489 [2d Dept. 1998] ). Appellant's status as a potential creditor, by virtue of the fact that he is the plaintiff in a pending action against petitioner, does not constitute status as a judgment creditor or otherwise suffice to confer standing.