Before: Fisher , J.P.; Dillon; Covello; Dickerson , JJ.

Weil, Gotshal & Manges, LLP, New York, N.Y. (Sarah E. Barrrows of counsel), for appellants.

Jacobwitz and Gubits, LLP, Walden, N.Y. (Donald G. Nichol of counsel), for respondents.

APPEAL by the plaintiffs, in an action, inter alia, for a declaratory judgment, from a judgment of the Supreme Court (John K. McGuirk, J.), entered December 6, 2006, in Orange County which, upon an order of the same court dated August 16, 2006, granting the cross motion of the defendants other than Robert W. Hoag for summary judgment and denying their motion for summary judgment, inter alia, declared that all church property, real and personal, held by the defendants, belongs to the defendants free and clear of any interest therein by the plaintiffs.