Present: The Hon. David B. Cohen, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK (At the Individual Assignment Part 4 of the Supreme Court of the State of New York, held in for the County of New York, at the Supreme Court House, 111 Centre Street, New York, New York on the 29th day of November, 2016.) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------X ROCK CHURCH, INC., LORRAINE BASS, Index No. 151009/2015 LESLIE REECE, ERIC RYBERG, NESTOR TORRES, Individually, as Trustees of the Board of Trustees of Rock Church as Members of ROCK CHURCH, INC. Petitioners, EMERGECY ORDER TO SHOW CAUSE vs. RAJENDRA PRASAD VENIGALLA, PER-ARNE BRISTULF, JOSEPH MCGHEE SUE CRUZ, MIRIAM LEE, EDUARDO ARVALAEZ, individually as lawful / or unlawful members of the Board of Trustees of Rock Church, Inc. Respondents. ------------------------------------------------------------X Upon the annexed Affirmation of Tracy L. Boak, Esq. dated November 29, 2016, upon the affidavits of Lorraine Bass, Pastor Steven Carey, Pastor Daniel Iampaglia, all the exhibits attached thereto,
Let the Respondents show cause before a Justice of this Court, at IAS Part 4, of the Supreme Court at 111 Centre Street, New York, New York County, State of New York Room 1164A, on the day of December 2016 at a.m. in the forenoon of that day or as soon thereafter as counsel can be heard. WHY this Court should not enter an Order: a. Declaring that: i. the court-ordered Special Meeting of the Membership of Rock Church Inc. ( Rock Church ) held on August 21, 2016 did not result in the election of any Trustees to the board; ii. iii. any other purported election of additional Trustees is null void; all actions taken by Respondents, Aruna Venigalla, as purported members of the Board of Trustees since June 21, 2015, are null void; iv. Respondents have continue to willfully disobey this court s orders of February 3, 2015, May 14, 2015, May 3, 2016; v. Respondent McGee is removed from his positions as trustee treasurer; vi. Respondent Bristulf is removed from his positions as trustee chairman; vii. pursuant to the bylaws of Rock Church, it is the pastor only the pastor, who determines who is a member of Rock Church; viii. as of the date of this order, the only members of Rock Church are those thirty-five (35) members listed on Exhibit A of the affidavit of Pastor Iampaglia, which is attached hereto;
b. An order that the temporary restraining orders currently in place, issued by the Hon. Donna M. Mills in this case, retained by Hon. Michael L. Katz in his Decision Order dated May 3, 2016, remain in effect; c. An order imposing an additional temporary restraining order prohibiting Respondents Naomi Bristulf, Mary Poris, Marnina Heffler, Maria Ainge Giradeau [sic.], Brenda Milliner, Solomon Milliner, George Paone, Aruna Venigalla, Prasanth Venigalla from entering the premises of Rock Church, except that members, Prasad Venigalla, Per-Arne Bristulf, Joseph McGhee, Miriam Lee, Eduardo Arvalaez, Naomi Bristulf, Mary Poris Aruna Venigalla, may attend the special meeting currently scheduled for December 2, 2016; d. An order directing a Special Meeting of the membership of Rock Church, upon notice pursuant to the Bylaws, to vote for a Board of Trustees pursuant to the following procedures; i. Only active members listed on Exhibit A of the affidavit of Pastor Iampaglia may be nominated or serve as Trustees; ii. Nominations must be made by members in writing delivered to Pastor Iampaglia at least 5 days prior to the Special Meeting must be signed by at least two active members; iii. All six trustee positions will be elected at the Special Meeting, notwithsting the provision in the bylaws calling for three year terms, in accordance with sections 192 197 of Article 10 of the Religious Corporation Law, the six new trustees shall be divided into three classes as follows: two trustees shall serve for a term ending at the March 2017 annual meeting; two trustees shall serve for a term
ending at the March 2018 annual meeting; two trustees shall serve for a term ending at the March 2019 annual meeting; iv. The nominated cidates in each class receiving the highest votes of the active members present at the meeting shall be the trustees of the board; v. Only active members in good sting actually present at the meeting are permitted to vote no non-members or members of the press are permitted in the meeting; e. An order that the election be supervised by a person appointed by this court, or alternatively that Pastor shall preside over the election; f. An order directing Joseph McGhee to turn over sufficient financial records to Petitioners, so as to permit the members of Rock Church to review the current financial status of the church such records to include, but not be limited to, bank statements from any all accounts in the name of Rock Church, including but not limited to Citibank; g. An Order restraining Respondents from making any expenditures of Church funds except as may be necessary to pay authorized salaries operating expenses of the Church; h. Such other relief as this court deems just proper. SUFFICIENT CAUSE THEREFORE APPEARING: IT IS HEREBY ORDERED that pending a determination of this application, 1) All temporary restraining orders currently in place issued by the Hon. Donna M. Mills in this case, retained by Hon. Michael L. Katz in his Decision Order dated May 3, 2016, shall remain in effect;
2) Respondents, together with Naomi Bristulf, Mary Poris, Marnina Heffler, Brenda Milliner, Solomon Milliner, George Paone, Aruna Venigalla, Prasanth Venigalla are temporarily restrained from entering the premises of Rock Church, except that members, Prasad Venigalla, Per-Arne Bristulf, Joseph McGhee, Miriam Lee, Eduardo Arvalaez, Naomi Bristulf, Mary Poris Aruna Venigalla, may attend the special meeting currently scheduled for December 2, 2016; 3) Respondents are prohibited from making any expenditures of Church funds except as may be necessary to pay authorized salaries operating expenses of the Church; 4) Let all further actions or proceedings by the Respondents, their agents /or representatives, be STAYED. SUFFICIENT CAUSE APPEARING THEREFORE let service of this Order the supporting documents annexed hereto upon Respondents /or their attorney by personal delivery, overnight mail or its equivalent at Gregory Reid, Esq., Reid Rodriguez & Rouse, LLP, Attorneys for Respondents, 1120 Avenue of the Americas, 4 th Floor, New York, New York 10036, be deemed sufficient proper. ENTER J.S.C.