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MOSHE MANDEL, appellant, v. MENACHEM ZCHARYA SILBER, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Establishment Clause of the First Amendment of the United States Constitution prohibits the courts from "interfering in or determining religious disputes" (First Presbyt. Church of Schenectady v. United Presbyt. Church in U.S. of Amer., 62 N.Y.2d 110, 116, cert denied 469 U.S. 1037). Contrary to the plaintiff's contention, this matter cannot be decided by application of neutral principles of law (cf. First Presbyt. Church of Schenectady v. United Presbyt. Church in U.S. of Amer., supra at 120). Resolution of the parties' dispute would necessarily involve an impermissible inquiry into religious doctrine and a determination as to whether the plaintiff violated religious law (see Lightman v. Flaum, 97 N.Y.2d 128, 137, cert denied 535 U.S. 1096 [May 28, 2002]; Sam v. Church of St. Mark, 293 A.D.2d 663, 664; Park Slope Jewish Ctr. v. Stern, 128 A.D.2d 847, 848). Consequently, the Supreme Court properly dismissed the plaintiff's cause of action alleging defamation.

In light of our determination, we have not considered the remaining grounds for dismissal asserted by the defendants, all but one of which, in any event, are unpreserved for appellate review.

ALTMAN, J.P., SMITH, McGINITY and CRANE, JJ., concur.

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MANDEL v. SILBER
(Apr 7, 2003)