Rivera v. Caban

The Appellate Division of the Supreme Court of New York affirmed the lower judgement that Eulogio Rivera was properly removed as a president of “Pentacostal Church El Redil” by the review of the Religious Corporations Law and bylaws of the church. The defendant and newly appointed replacement, Eliseo Caban, was able to prove that he was placed over the congregation many years after the separation of Rivera — excusing him from violating procedure. No adequate evidence was able to prove the defendants acted improperly in replacing Rivera or violated the Religious Corporations Law or bylaws of the church.

Impact: A New York appellate court confirmed the proper removal of a president of a church board using the specific bylaws of the church required by the state law.