Episcopal Diocese of Rochester v Harnish
2007 NY Slip Op 07214 [43 AD3d 1406]
September 28, 2007
Appellate Division, Fourth Department
As corrected through Wednesday, November 7, 2007


Episcopal Diocese of Rochester et al., Respondents, v DavidHarnish, as Former Rector of All Saints Protestant Episcopal Church, et al., Appellants, et al.,Defendants. (Appeal No. 1.)

[*1]Eugene Van Voorhis, Rochester, for defendants-appellants.

Harter Secrest & Emery LLP, Rochester (Thomas G. Smith of counsel), forplaintiffs-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County(Kenneth R. Fisher, J.), entered September 20, 2006 in an action pursuant to RPAPL article 15.The judgment, insofar as appealed from, granted in part plaintiffs' motion for summary judgment.

It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed without costs for reasons stated in the decision at Supreme Court.Present—Scudder, P.J., Gorski, Centra, Lunn and Peradotto, JJ.


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