§ 12. Sale, mortgage and lease of real property of religious\ncorporations. 1. A religious corporation shall not sell, mortgage or\nlease for a term exceeding five years any of its real property without\napplying for and obtaining leave of the court or the attorney general\ntherefor pursuant to section five hundred eleven of the not-for-profit\ncorporation law as that section is modified by paragraph (d-1) of\nsubdivision one of section two-b of this chapter or section five hundred\neleven-a of the not-for-profit corporation law, except that a religious\ncorporation may execute a purchase money mortgage or a purchase money\nsecurity agreement creating a security interest in personal property\npurchased by it without obtaining leave of the court therefor.\n 2. The trustees of an incorporated Protestant Episcopal church shall\nnot vote upon any resolution or proposition for the sale, mortgage or\nlease of its real property, unless the rector of such church, if it then\nhas a rector, shall be present, and shall not make application to the\ncourt for leave to sell or mortgage any of its real property without the\nconsent of the bishop and standing committee of the diocese to which\nsuch church belongs, or execute and deliver a lease of any of its real\nproperty for a term exceeding five years without similar consent of the\nbishop and standing committee of the diocese to which such church\nbelongs; but in case the see be vacant, or the bishop be absent or\nunable to act, the consent of the standing committee with their\ncertificate of the vacancy of the see or of the absence or disability of\nthe bishop shall suffice.\n 3. The trustees of an incorporated Roman Catholic church shall not\nmake application to the court for leave to mortgage, lease or sell any\nof its real property without the consent of the archbishop or bishop of\nthe diocese to which such church belongs or in case of their absence or\ninability to act, without the consent of the vicar-general or\nadministrator of such diocese.\n 4. The trustees of an incorporated Ruthenian Catholic church of the\nGreek rite shall not make application to the court for leave to\nmortgage, lease or sell any of its real property without the consent in\nwriting of the Ruthenian Greek Catholic bishop of the diocese to which\nsuch church belongs, or, in case of his absence or inability to act,\nwithout the consent of the vicar-general of such bishop or of the\nadministrator of such diocese.\n 5. The trustees of an incorporated African Methodist Episcopal Zion\nchurch shall not make application to the court for leave to mortgage,\nlease or sell any of its real property without the consent of the bishop\nof the diocese to which said church belongs, or in case of his absence\nor inability to act, without the consent of the annual conference having\njurisdiction over such church.\n 5-a. The trustees of an incorporated Presbyterian church in connection\nwith the General Assembly of the Presbyterian Church (U.S.A.) shall not\nmake application to the court for leave to mortgage, lease or sell any\nof its real property without the consent in writing of the particular\nPresbytery with which said church is connected.\n 5-b. The trustees of an incorporated United Methodist church shall not\nmake application to the court for leave to mortgage, lease, or sell any\nof its real property without the written consents of the district\nsuperintendent and the preacher in charge and the authorization of the\ncharge conference by a majority of those present and voting at a meeting\nof the charge conference, provided that not less than ten days' notice\nof such meeting and proposed action shall have been given from the\npulpit of the charge, or, if no regular services are held, by mail to\nthe members of the charge conference.\n 5-c. The trustees of an incorporated Reformed Church in connection\nwith the General Synod of the Reformed Church in America, shall not make\napplication to the court for leave t
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.