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EPISCOPAL DIOCESE v. HARNISH

11 N.Y.3d 340 (2008)

EPISCOPAL DIOCESE OF ROCHESTER et al., Respondents v. David HARNISH, Former Rector of All Saints Protestant Episcopal Church, et al., Appellants, et al., Defendants. In the Matter of All Saints Anglican Church, Formerly Known as ALL SAINTS PROTESTANT EPISCOPAL CHURCH, Appellant, v. EPISCOPAL DIOCESE OF ROCHESTER et al., Respondents.

Court of Appeals of the State of New York.

October 23, 2008

Attorney(s) appearing for the Case

Eugene Van Voorhis, Rochester, and Adam Clark for appellants in the first and second above-entitled matters.

Harter Secrest & Emery LLP, Rochester (Thomas G. Smith and Carol L. O'Keefe of counsel), for respondents in the first and second above-entitled matters.

Goodwin Procter LLP Washington, DC (Heather H. Anderson, Adam M. Chud and Soyong Cho of counsel), for Episcopal Church, amicus curiae in the first and second above-entitled matters.

Jacobowitz and Gubits, LLP, Walden (Donald G. Nichol of counsel), for Presbyterians for Constitutional Action, amicus curiae in the first and second above-entitled matters.

Raymond J. Dague, PLLC, Syracuse (Raymond J. Dague of counsel), for Church of the Good Shepherd, amicus curiae in the first and second above-entitled matters.

OPINION OF THE COURT

JONES, J.

The question before this Court is whether defendant All Saints Protestant Episcopal Church (All Saints, or the parish) held its real and personal property in trust for the benefit of plaintiff Episcopal Diocese of Rochester (Rochester Diocese) and nonparty Protestant Episcopal Church in the United States of America (National Church), such that upon the parish's separation from the Rochester Diocese its property reverted back...

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