In Rozak v Diocese of Buffalo, (NY Erie County Sup. Ct., Sept. 26, 2025), a number of Catholic parishes sued the Diocese of Buffalo in an attempt to prevent the Bishop of Buffalo from forcing the parishes to merge into other parishes. The parishes had already filed Canon Law appeals to the Vatican's Dicastery for the Clergy challenging the validity of the Bishop's merger decrees. The Dicastery issued an order suspending the merger decrees while the Canon Law appeals were proceeding. The parishes, however, also filed this suit in a New York civil court under the New York Religious Corporation Law asking for a preliminary injunction to prevent enforcement of the Merger Decrees while the ecclesiastical appeals proceeded.
The New York trial court dismissed the suit on jurisdictional grounds, saying in part:
Central to the pending actions is the inescapable fact that while the plaintiffs make overtures and attempt to frame their complaints to include a companion reference that the "temporalities and property" of the subject parishes are contemporaneously at risk of misappropriation vis-à-vis the manner by which and the purpose for which the mergers were declared by Bishop Fisher, these are not per se typical or traditional common law property disputes under any provisions of applicable New York civil law. More compelling in these actions is the undisputed fact that the Suspension Letters have operatively controlled and stayed all aspects of the challenged Merger Decrees and more recently, the first Dicasterium Decree that has been issued makes a plain declaration of the matters raised in the complaints, to wit, formally "confirming the extinctive union, for which sufficient cause has been shown" and directing the treatment and handling of the "temporal goods of the suppressed Parish."
Though avidly and forthrightly argued by plaintiffs that the disposition rendered by the Dicastery in the Dicasterium Decree is supportive of their position for the Court to grant the relief sought in these actions, it is plain and obvious from the averments made in their supplemental papers that the plaintiffs acknowledge, accept and completely reconcile themselves to the decisional authority of the Canon Law and ecclesiastical governance of the Roman Catholic Church to be solely and ultimately responsible for the lawful disposition of all the issues raised in these actions....
