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DOE v. ROMAN CATHOLIC DIOCESE OF ROCHESTER

12 N.Y.3d 764 (2009)

JANE DOE et al., Respondents, v. ROMAN CATHOLIC DIOCESE OF ROCHESTER et al., Appellants.

Court of Appeals of New York.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford (Philip G. Spellane, A. Vincent Buzard and Laura W. Smalley of counsel), for Bishop Matthew H. Clark and another, appellants.

Christopher S. Ciaccio, Rochester, for Peter M. DeBellis, appellant.

Christina A. Agola, Attorneys and Counselors at Law, PLLC, Rochester (Christina A. Agola of counsel), for respondents.

Concur: Chief Judge LIPPMAN and JUDGES CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, defendants' motions to dismiss the complaint in the entirety should be granted and the certified question should be answered in the negative.

Plaintiffs were congregants of Our Mother of Sorrows Church, where defendant Father Peter DeBellis was a priest. Plaintiff Jane Doe alleges that in November 2000, she began counseling...

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