Preview
FILED: CHEMUNG COUNTY CLERK 02/09/2021 10:30 AM INDEX NO. 2021-5026
NYSCEF DOC. NO. 12 RECEIVED rNDEX NO. 2027-5026
NYSCEF: 02/09/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF. 0L / OB /2027
At an Ex-Parte Term of the Supreme
Court of the State of New York held
in and for the County of Chemung on
-lr.rr,^"t , Ztl ,2o2;l
)
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHEMUNG
In the Matter of the Application of The Upper New York ORDER
Annual Conference of the United Methodist Church as
successor in interest to Riverside United Methodist Church of Index No. ?AZI- 5 OLle
Elmira, New York, formerly known as Riverside Methodist
Episcopal Church of Elmira, New York, formerly known as RJI No.
Riverside Methodist Church of Elmira, New York, also known
as The Riverside Methodist Church of Elmira, New York, also
known as Riverside United Methodist Church of Elmira, also
known as Riverside Methodist Church
Re: Sale of real property located at 559 Spaulding Street,
Elmira, Chemung County, New York to His Haven, Inc.
Petitioner, the Upper New York Annual Conference of the United Methodist
Church ("Petitioner"), a Religious Corporation, as successor in interest to Riverside United
Methodist Church of Elmira, New York, formerly known as Riverside Methodist Episcopal
Church of Elmira, New York, formerly known as Riverside Methodist Church of Elmira, New
York, also known as The Riverside Methodist Church of Elmira, New York, also known as
Riverside United Methodist Church of Elmira, also known as Riverside Methodist Church
("Riverside UMC"), has moved, ex-parte, for an Order: (a) declaring Riverside UMC extinct
pursuant to Religious Corporations Law $ 16, and that all right, interest and title to Riverside
UMC's real property is vested in Petitioner and that Petitioner is the successor in interest to
Riverside UMC; (b) releasing the subject property located at 559 Spaulding Street, Elmira,
Chemung County, New York (Chemung County Tax Map Parcel No. 99.08-7-37) (the
"Property") from the denominational Trust Clause; and (c) pursuant to Religious Corporations
Law $ 12, granting leave to transfer and convey the Property to His Haven, Inc. ("Purchaser").
9381805 2
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FILED: CHEMUNG COUNTY CLERK 02/09/2021 10:30 AM INDEX NO. 2021-5026
NYSCEF DOC. NO. 12 RECEIVED INDEX NO.
NYSCEF: 202L-5026
02/09/2021
, NYSCEF DOC. NO. 10 RECEIVED NYSCEE: 07/08/2021
Upon reading and filing the Verified Petition, with exhibits, sworn to by Stephen
Crowell on November 24,2020, and Nathan Trost on November 30,2020, as Trustees, and after
due deliberation and the Court having found that the consideration and terms of the transaction
are fair and reasonable to the Petitioner and that the purposes of the Petitioner will be promoted
by the transaction, it is hereby
ORDERED that Riverside UMC is extinct pursuant to Religious Corporations
Law I 16, and all right, interest and title to Riverside UMC's real property, including the
Property, is vested in Petitioner, and it is further
ORDERED that the Petitioner is the successor to Riverside UMC; and it is further
ORDERED that the Property is released from the denominational Trust Clause;
and it is further
ORDERED that Petitioner is authorized to convey to Purchaser the Property; and
it is further
ORDERED that Petitioner has met the requirements of the Religious Corporations
Law.
Dated: (qmnu, e? 20u
ENTER: I Hon , J.S.C
I{ON. CHRISTOPHER P. BAKER
9381805 2
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Preview
FILED: CHEMUNG COUNTY CLERK 02/09/2021 10:30 AM INDEX NO. 2021-5026 NYSCEF DOC. NO. 12 RECEIVED rNDEX NO. 2027-5026 NYSCEF: 02/09/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF. 0L / OB /2027 At an Ex-Parte Term of the Supreme Court of the State of New York held in and for the County of Chemung on -lr.rr,^"t , Ztl ,2o2;l ) STATE OF NEW YORK SUPREME COURT COUNTY OF CHEMUNG In the Matter of the Application of The Upper New York ORDER Annual Conference of the United Methodist Church as successor in interest to Riverside United Methodist Church of Index No. ?AZI- 5 OLle Elmira, New York, formerly known as Riverside Methodist Episcopal Church of Elmira, New York, formerly known as RJI No. Riverside Methodist Church of Elmira, New York, also known as The Riverside Methodist Church of Elmira, New York, also known as Riverside United Methodist Church of Elmira, also known as Riverside Methodist Church Re: Sale of real property located at 559 Spaulding Street, Elmira, Chemung County, New York to His Haven, Inc. Petitioner, the Upper New York Annual Conference of the United Methodist Church ("Petitioner"), a Religious Corporation, as successor in interest to Riverside United Methodist Church of Elmira, New York, formerly known as Riverside Methodist Episcopal Church of Elmira, New York, formerly known as Riverside Methodist Church of Elmira, New York, also known as The Riverside Methodist Church of Elmira, New York, also known as Riverside United Methodist Church of Elmira, also known as Riverside Methodist Church ("Riverside UMC"), has moved, ex-parte, for an Order: (a) declaring Riverside UMC extinct pursuant to Religious Corporations Law $ 16, and that all right, interest and title to Riverside UMC's real property is vested in Petitioner and that Petitioner is the successor in interest to Riverside UMC; (b) releasing the subject property located at 559 Spaulding Street, Elmira, Chemung County, New York (Chemung County Tax Map Parcel No. 99.08-7-37) (the "Property") from the denominational Trust Clause; and (c) pursuant to Religious Corporations Law $ 12, granting leave to transfer and convey the Property to His Haven, Inc. ("Purchaser"). 9381805 2 1 of 2 FILED: CHEMUNG COUNTY CLERK 02/09/2021 10:30 AM INDEX NO. 2021-5026 NYSCEF DOC. NO. 12 RECEIVED INDEX NO. NYSCEF: 202L-5026 02/09/2021 , NYSCEF DOC. NO. 10 RECEIVED NYSCEE: 07/08/2021 Upon reading and filing the Verified Petition, with exhibits, sworn to by Stephen Crowell on November 24,2020, and Nathan Trost on November 30,2020, as Trustees, and after due deliberation and the Court having found that the consideration and terms of the transaction are fair and reasonable to the Petitioner and that the purposes of the Petitioner will be promoted by the transaction, it is hereby ORDERED that Riverside UMC is extinct pursuant to Religious Corporations Law I 16, and all right, interest and title to Riverside UMC's real property, including the Property, is vested in Petitioner, and it is further ORDERED that the Petitioner is the successor to Riverside UMC; and it is further ORDERED that the Property is released from the denominational Trust Clause; and it is further ORDERED that Petitioner is authorized to convey to Purchaser the Property; and it is further ORDERED that Petitioner has met the requirements of the Religious Corporations Law. Dated: (qmnu, e? 20u ENTER: I Hon , J.S.C I{ON. CHRISTOPHER P. BAKER 9381805 2 2 of 2