(Download) "Matter Louis J. Lefkowitz v. Boris J. Burden Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Louis J. Lefkowitz v. Boris J. Burden Et Al.
- Author : Supreme Court of New York
- Release Date : January 17, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Pending the trial the injunctive provisions of the judgment are to remain in effect. The decision is without prejudice to applications for discovery or for examination before trial and, if so advised, for an application to amend to bring the proceeding under article 10-A of the Social Welfare Law. Turnover of the funds to the Welfare Department is stayed pending the new trial. In this action for an injunction pursuant to subdivision 12 of section 63 of the Executive Law the Attorney-General's proof is lacking in several respects. What the Attorney-General sought to prove was the fraudulent solicitation of funds for charitable purposes. What the statute is designed to prevent is persistent fraud in the conduct of a business (Matter of Kates v. Lefkowitz, 28 Misc. 2d 210; People v. B. C. Associates, 22 Misc. 2d 43). It is doubtful, to say the least, whether the solicitation of funds for a charitable purpose is, to use the statutory words, the ""carrying on, conducting or transaction of business"". Conceivably, it may be, as where a professional solicitor engages in fund raising for a fee. Undoubtedly as to him it is a business, and if he uses fraudulent means he might well be enjoined. But where the representatives of the charity itself do so, it would appear that this is not an undertaking engaged in for profit and not a business. Even though these representatives may divert the funds collected to their own use, or even though the so-called charity is a sham, it would not appear that a business practice is involved. It would appear that the appropriate statute for actions of this character would be article 10-A of the Social Welfare Law. Regardless of what statute the proceeding is brought under, the proof was less than satisfying. It was established that the defendant Burden is an ordained priest of the Russian Orthodox Church. For a period he was the pastor of St. Mark's Church, located at 142 Broome Street in Manhattan. In 1948 the church building was gutted by fire. From that time on it ceased to be a church even in the sense of ecclesia. The members of the congregation became affiliated with other churches of the same general denomination. Defendant Burden rented premises in a store and a hotel room, from which, admittedly, campaigns for the solicitation of funds were carried on by mail