Preview
FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
------------------------------------------X Our File No. 18011DZSIB
N.J.S, an infant, by and through her
Parent and Natural Guardian,
MICHELE SARDO, and
MICHELE SARDO, Individually
Plaintiffs,
- vs - Index No.: 805265/2020
WEST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL,
Defendants.
------------------------------------------X
WEST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL,
Third-Party Plaintiffs AFFIDAVIT IN
vs OPPOSITION
CHRYSTLER LEE STORTZ,
MICHAEL JAMES STORTZ,
BARBARA ANNE STORTZ and
HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ
Third-Party Defendants
------------------------------------------X
JOHN BRINKER, being duly sworn deposes and says, under
penalty of perjury:
1. I am employed by West Seneca Central School District
("West Seneca CSD") one of the Defendants named in this action.
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2. I am presently employed as the Principal at West
Seneca West High School.
third-
3. This Affidavit is submitted in response to the
party defendants', MICHAEL JAMES STORTZ and BARBARA ANNIE STORTZ
Stortz"
(hereinafter "James and "Barbara Stortz", respectively,
defendants"
and "moving third-party collectively, where
appropriate), motion to dismiss pursuant to CPLR §3211 for
failure to state a claim.
4. This Affidavit is also submitted in response to the
third-party defendant's, HEATHER A. THIBEAULT a/k/a HEATHER A.
STORTZ (hereinafter "Ms. Thibeault"), motion to dismiss pursuant
to CPLR §3211 for failure to state a claim.
5. I was the Principal of West Seneca West High School at
the time of the incidents alleged by the underlying plaintiff,
N.J.S.
6. If called upon to testify, I am competent to and would
expect to testify as to the matters discussed herein.
7. The allegations by the underlying plaintiff, N.J.S.,
were brought to light in early June of 2019 when her classmates
expressed some concerns about her to a school guidance
counselor. N.J.S. was interviewed about these concerns and she
conveyed certain allegations as against the third-party
defendant, Chrystler Stortz. The allegations made against
Chrystler Stortz related to the timeframe of early May, 2019.
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8. At the time that the incidents alleged by N.J.S. as
against Chrystler Stortz were brought to light, Chrystler Stortz
was not attending classes, Chrystler Stortz was not present at
school after May 15, 2019. After that date, we learned that
Chrystler Stortz's absence from school related to a separate
incident, which, upon information and belief, resulted in
criminal charges ,
9. Subsequently, we met with both Chrystler Stortz and
his father, Michael Stortz, regarding the allegations made by
N. J.S.
10. Subsequent to N. J.S. making allegations as against
Chrystler Stortz, we came to learn of two additional incidents
involving Chrystler Stortz, both of which, upon information and
belief, predated the incidents alleged by N.J.S.
11. We learned that Chrystler Stortz had been accused of a
sexual assault or similar behavior directed towards a female
student, who was at that time a student at Sweet Home Central
School District.
12. Prior to the allegations by N.J.S. having been
conveyed, West Seneca CSD had no information or notice of any
kind as to any allegations of a sexual or criminal nature
regarding Chrystler Stortz.
13. Upon information and belief, as the allegations
regarding the alleged assault or inappropriate conduct towards
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FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022
the female Sweet Home student were alleged to be serious in
nature and apparently involved police involvement, Chrystler
Stortz' Stortz
parents, including Michael and Barbara Stortz, as
well as Ms. Thibeault, knew or should have known about such
alleged conduct by their son. Further, I note that I first
learned of these allegations in speaking with Michael Stortz.
14. Upon information and belief, Michael Stortz
transported the Sweet Home student, who later claimed a sexual
assault or made similar allegations against Chrystler Stortz.
Upon information and belief, and based upon information provided
by Michael Stortz, the West Seneca Police Department conducted
some type of investigation regarding Michael Stortz with regard
to that situation. I do not know the results of such
investigation.
15. Additionally, we learned, subsequent to the
allegations made by N.J.S. having been brought to our attention,
that Chrystler Stortz was also involved in a prior incident
regarding an alleged abduction of, or other inappropriate
conduct towards, a minor female, who may have been a neighbor of
the Stortz family. Based upon the information available, this
incident occurred in or about the summer preceding approximately
Chrystler Stortz's seventh grade year and involved a minor
female who was several years younger than Chrystler Stortz.
Based upon the information available and to the best of my
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NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022
recollection, that incident involved Chrystler Stortz and the
younger female having gone missing for approximately twenty-four
hours and then being found in an abandoned home.
16. Prior to the allegations by N.J.S. having been
conveyed, West Seneca CSD had no information or notice of any
kind as to any allegations of an alleged abduction or
inappropriate conduct by Chrystler Stortz in or about the summer
of his seventh grade year. I first heard about this incident
involving Chrystler Stortz in speaking with Michael Stortz. It
was my understanding, based upon that conversation, that
Chrystler Stortz had been accused of some type of inappropriate
sexual conduct. It was conveyed to me that Chrystler Stortz had
received counseling in some fashion after that incident.
17. Upon information and belief, as the allegations
regarding the alleged abduction, assault and/or inappropriate
conduct towards a younger female neighbor when Chrystler Stortz
was in approximately seventh grade were alleged to be serious in
nature and apparently involved police involvement, Chrystler
Stortz'
parents, including Michael Stortz and Barbara Stortz, as
well as Ms. Thibeault, knew or should have known about such
alleged conduct by their son. In fact, as noted above, it was
Michael Stortz who brought this incident to my attention when he
was present with his son to discuss the allegations made by the
underlying plaintiff, N.J.S.
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18. In my experiences with him, Chrystler Stortz was
generally pleasant, if somewhat shy, at school. Prior to these
incidents and allegations coming to light, West Seneca CSD had
no reason to believe that Chrystler Stortz presented a danger to
other students at school.
19. Without being notified by Chrystler Stortz's parents,
West Seneca CSD had no other obvious way to learn about these
alleged prior incidents. These incidents were unknown by West
Seneca CSD and were not brought to our attention by any other
persons or entities until subsequent to May 16, 2019, when we
first learned that Chrystler had been absent due to having been
arrested as related to the allegations made by the Sweet Home
CSD student.
20. I note that the allegations made by N.J.S. against
Chrystler Stortz are serious in nature and allegations of this
nature are investigated and given serious consideration and
attention by the employees and administration at West Seneca
CSD.
21. As evidenced by our response to the allegations made
by N.J.S., it is my practice, and that of my staff, to promptly
report incidents or allegations of sexual conduct of a
potentially criminal nature to the appropriate legal
authorities. I note that once the allegations by N.J.S. were
brought to our attention, we promptly notified the School
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FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022
Resource Officer, who is a member of the West Seneca Police
Department and that criminal handling of the matter was promptly
undertaken by such agency.
Dated: West Seneca, New York
January , 2022
By: - j4
JOHN 1NKER, PRINCIPAL
WEST NECA CSD
Sworn to before me on this
day of Janu y 2022
fAdM ofK /w
NOTÃRY /Þ BLIC /
Wendy]3.Gorczyca
NOTARYPUBilC,STATE0FNEWYORK
RegistrationNo.01GO6068230
Qualified in Erie County
ConunissionExpiresl2/31/2025
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FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022
TO: Eric M. Soehnlein, Esq.
Sean M. O'Brien, Esq.
LIPPES MATHIAS WEXLER FRIEDMAN LLP
Attorneys for 3rd Party Defendants,
Michael James Stortz and Barbara Anne Stortz
50 Fountain Plaza, Suite 1700
Buffalo, New York 14202
(716) 853-5100
CC: Barry N. Covert, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for 3rd CHRYSTLER STORTZ
Party Defendant,
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
(716) 849-1333
Bethany A. Blood, Esq.
MARSHALL, DENNEHEY,
WARNER, COLEMAN & GOGGIN
Attorneys for 3rd
Party Defendant,
HEATHER THIBEAULT a/k/a HEATHER A. STORTZ
717 State Street, #701
Erie, Pennsylvania 16501
(814) 480-7800
Joseph L. Nicastro, Esq.
Cantor Wolff Nicastro & Hall
Attorneys for Plaintiffs
Main Place Tower
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
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Preview
FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE ------------------------------------------X Our File No. 18011DZSIB N.J.S, an infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and MICHELE SARDO, Individually Plaintiffs, - vs - Index No.: 805265/2020 WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL, Defendants. ------------------------------------------X WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL, Third-Party Plaintiffs AFFIDAVIT IN vs OPPOSITION CHRYSTLER LEE STORTZ, MICHAEL JAMES STORTZ, BARBARA ANNE STORTZ and HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ Third-Party Defendants ------------------------------------------X JOHN BRINKER, being duly sworn deposes and says, under penalty of perjury: 1. I am employed by West Seneca Central School District ("West Seneca CSD") one of the Defendants named in this action. 1 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 2. I am presently employed as the Principal at West Seneca West High School. third- 3. This Affidavit is submitted in response to the party defendants', MICHAEL JAMES STORTZ and BARBARA ANNIE STORTZ Stortz" (hereinafter "James and "Barbara Stortz", respectively, defendants" and "moving third-party collectively, where appropriate), motion to dismiss pursuant to CPLR §3211 for failure to state a claim. 4. This Affidavit is also submitted in response to the third-party defendant's, HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ (hereinafter "Ms. Thibeault"), motion to dismiss pursuant to CPLR §3211 for failure to state a claim. 5. I was the Principal of West Seneca West High School at the time of the incidents alleged by the underlying plaintiff, N.J.S. 6. If called upon to testify, I am competent to and would expect to testify as to the matters discussed herein. 7. The allegations by the underlying plaintiff, N.J.S., were brought to light in early June of 2019 when her classmates expressed some concerns about her to a school guidance counselor. N.J.S. was interviewed about these concerns and she conveyed certain allegations as against the third-party defendant, Chrystler Stortz. The allegations made against Chrystler Stortz related to the timeframe of early May, 2019. 2 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 8. At the time that the incidents alleged by N.J.S. as against Chrystler Stortz were brought to light, Chrystler Stortz was not attending classes, Chrystler Stortz was not present at school after May 15, 2019. After that date, we learned that Chrystler Stortz's absence from school related to a separate incident, which, upon information and belief, resulted in criminal charges , 9. Subsequently, we met with both Chrystler Stortz and his father, Michael Stortz, regarding the allegations made by N. J.S. 10. Subsequent to N. J.S. making allegations as against Chrystler Stortz, we came to learn of two additional incidents involving Chrystler Stortz, both of which, upon information and belief, predated the incidents alleged by N.J.S. 11. We learned that Chrystler Stortz had been accused of a sexual assault or similar behavior directed towards a female student, who was at that time a student at Sweet Home Central School District. 12. Prior to the allegations by N.J.S. having been conveyed, West Seneca CSD had no information or notice of any kind as to any allegations of a sexual or criminal nature regarding Chrystler Stortz. 13. Upon information and belief, as the allegations regarding the alleged assault or inappropriate conduct towards 3 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 the female Sweet Home student were alleged to be serious in nature and apparently involved police involvement, Chrystler Stortz' Stortz parents, including Michael and Barbara Stortz, as well as Ms. Thibeault, knew or should have known about such alleged conduct by their son. Further, I note that I first learned of these allegations in speaking with Michael Stortz. 14. Upon information and belief, Michael Stortz transported the Sweet Home student, who later claimed a sexual assault or made similar allegations against Chrystler Stortz. Upon information and belief, and based upon information provided by Michael Stortz, the West Seneca Police Department conducted some type of investigation regarding Michael Stortz with regard to that situation. I do not know the results of such investigation. 15. Additionally, we learned, subsequent to the allegations made by N.J.S. having been brought to our attention, that Chrystler Stortz was also involved in a prior incident regarding an alleged abduction of, or other inappropriate conduct towards, a minor female, who may have been a neighbor of the Stortz family. Based upon the information available, this incident occurred in or about the summer preceding approximately Chrystler Stortz's seventh grade year and involved a minor female who was several years younger than Chrystler Stortz. Based upon the information available and to the best of my 4 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 recollection, that incident involved Chrystler Stortz and the younger female having gone missing for approximately twenty-four hours and then being found in an abandoned home. 16. Prior to the allegations by N.J.S. having been conveyed, West Seneca CSD had no information or notice of any kind as to any allegations of an alleged abduction or inappropriate conduct by Chrystler Stortz in or about the summer of his seventh grade year. I first heard about this incident involving Chrystler Stortz in speaking with Michael Stortz. It was my understanding, based upon that conversation, that Chrystler Stortz had been accused of some type of inappropriate sexual conduct. It was conveyed to me that Chrystler Stortz had received counseling in some fashion after that incident. 17. Upon information and belief, as the allegations regarding the alleged abduction, assault and/or inappropriate conduct towards a younger female neighbor when Chrystler Stortz was in approximately seventh grade were alleged to be serious in nature and apparently involved police involvement, Chrystler Stortz' parents, including Michael Stortz and Barbara Stortz, as well as Ms. Thibeault, knew or should have known about such alleged conduct by their son. In fact, as noted above, it was Michael Stortz who brought this incident to my attention when he was present with his son to discuss the allegations made by the underlying plaintiff, N.J.S. 5 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 18. In my experiences with him, Chrystler Stortz was generally pleasant, if somewhat shy, at school. Prior to these incidents and allegations coming to light, West Seneca CSD had no reason to believe that Chrystler Stortz presented a danger to other students at school. 19. Without being notified by Chrystler Stortz's parents, West Seneca CSD had no other obvious way to learn about these alleged prior incidents. These incidents were unknown by West Seneca CSD and were not brought to our attention by any other persons or entities until subsequent to May 16, 2019, when we first learned that Chrystler had been absent due to having been arrested as related to the allegations made by the Sweet Home CSD student. 20. I note that the allegations made by N.J.S. against Chrystler Stortz are serious in nature and allegations of this nature are investigated and given serious consideration and attention by the employees and administration at West Seneca CSD. 21. As evidenced by our response to the allegations made by N.J.S., it is my practice, and that of my staff, to promptly report incidents or allegations of sexual conduct of a potentially criminal nature to the appropriate legal authorities. I note that once the allegations by N.J.S. were brought to our attention, we promptly notified the School 6 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 Resource Officer, who is a member of the West Seneca Police Department and that criminal handling of the matter was promptly undertaken by such agency. Dated: West Seneca, New York January , 2022 By: - j4 JOHN 1NKER, PRINCIPAL WEST NECA CSD Sworn to before me on this day of Janu y 2022 fAdM ofK /w NOTÃRY /Þ BLIC / Wendy]3.Gorczyca NOTARYPUBilC,STATE0FNEWYORK RegistrationNo.01GO6068230 Qualified in Erie County ConunissionExpiresl2/31/2025 7 of 8 FILED: ERIE COUNTY CLERK 01/18/2022 03:37 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/18/2022 TO: Eric M. Soehnlein, Esq. Sean M. O'Brien, Esq. LIPPES MATHIAS WEXLER FRIEDMAN LLP Attorneys for 3rd Party Defendants, Michael James Stortz and Barbara Anne Stortz 50 Fountain Plaza, Suite 1700 Buffalo, New York 14202 (716) 853-5100 CC: Barry N. Covert, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attorneys for 3rd CHRYSTLER STORTZ Party Defendant, 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 (716) 849-1333 Bethany A. Blood, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Attorneys for 3rd Party Defendant, HEATHER THIBEAULT a/k/a HEATHER A. STORTZ 717 State Street, #701 Erie, Pennsylvania 16501 (814) 480-7800 Joseph L. Nicastro, Esq. Cantor Wolff Nicastro & Hall Attorneys for Plaintiffs Main Place Tower 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 8 of 8