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Fourth Department – Not-for-profit religious institution: Opinion 20-116

Daily Record Staff//February 3, 2021//

Fourth Department – Not-for-profit religious institution: Opinion 20-116

Daily Record Staff//February 3, 2021//

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Not-for-profit religious institution

Serving on a board – No fund-raising

Opinion 20-116

Background: A full-time judge asks if it is permissible to serve on a board of location and building for a not-for-profit religious organization. The board investigates and approves/disapproves building proposals made by individual churches in their denomination, based on factors such as feasibility, financial soundness, and whether other appropriate approvals have been secured. The board does not engage in fund-raising.

Opinion: The Committee concluded that a full-time judge may serve on the board of “location and building” for a not-for-profit religious organization, where the position involves no fund-raising responsibilities.

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