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ELMORA HEBREW CENTER, INC. v. FISHMAN

215 N.J. Super. 589 (1987)

522 A.2d 497

ELMORA HEBREW CENTER, INC., A RELIGIOUS CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. YALE M. FISHMAN, CHARLES APTOWITZER, HOWARD POLLICK, MARK MASON AND BRUCE BUECHLER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1987.

Attorney(s) appearing for the Case

Russell M. Woods argued the cause for appellant (Woods & Trembulak, attorneys).

Rabbi Yale M. Fishman argued and submitted a pro se brief.

Arnold S. Cohen argued the cause for respondents Charles Aptowitzer, Howard Pollick, Mark Mason and Bruce Buechler (Oxfeld, Cohen & Blunda, attorneys).

Steven F. McDowell, pro hac vice, (Steven M. Taieb, attorney) submitted a brief on behalf of amicus curiae, the Catholic League for Religious and Civil Rights.

Daniel D. Chazin filed an amicus curiae brief on behalf of the National Jewish Commission on Law and Public Affairs. (Chazin & Chazin, attorneys).

Before Judges PETRELLA, GAYNOR and SCALERA.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

This appeal raises an issue of potential interference by a civil court in matters of religious polity, notwithstanding the claim by plaintiff that the issues are solely contractual or civil in nature. Implicated in this appeal is the relationship between Elmora Hebrew Center (EHC), a Jewish synagogue, and its rabbi, and the nature of the action of the Board of Trustees of EHC in attempting to discharge that...

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