Preview
FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024
STATE OF NEW YORK COUNTY OF CAYUGA
SUPREME COURT
In the Matter of the Application of
ST. ALPHONSUS CATHOLIC GERMAN
CHURCH OF AUBURN, N.Y. PETITION
Petitioner,
Index No.
For an Order Granting Leave to Sell Certain Real Property
Located in the County of Cayuga
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
Petitioner, ST. ALPHONSUS CATHOLIC GERMAN CHURCH OF AUBURN, N.Y.
("Pe.titioner"), through its attorneys Harris Beach PLLC, for its petition for authority to sell certain
real property located in Cayuga County, states as follows:
1. Petitioner is a religious corporation duly incorporated under the laws of the State of
New York with principal offices at: 90 Melrose Road, Aubum, New York 13021. A copy of
Petitioner's Certificate of Incorporation filed in the Cayuga County Clerk's Office on September
1, 1869, is attached hereto as Exhibit A.
2. Petitioner makes this petition pursuant to Section 511 of the Not-for-Profit
Corporation Law and Section 12 of the Religious Corporations Law.
3. The names of the Petitioner's trustees and their places of residence are as follows:
The Most Reverend Salvatore R. Matano
Bishop of The Diocese of Rochester
President and Trustee
296 Flower City Park
Rochester, New York 14615
Very Reverend Paul J. Tomasso
Vicar General of The Diocese of Rochester
Vice President and Trustee
168 Spencerport Road
Rochester, New York 14606
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FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024
Reverend Father Stephen Karani
Pastor, Secretary/Treasurer and Trustee
85 E Genesee Street
Auburn, NY 13021
Nancy Camardo
Trustee
12 Fairway Drive
Auburn, NY 13021
Michael Keegan
Trustee
11 Bradford Street
Auburn, NY 13021
4. Petitioner espouses the Roman Catholic Faith and participates in religious and
charitable ministries.
5. Petitioner is the owner in fee of certain real property known as 10 South Lewis
Street, City of Auburn, County of Cayuga and State of New York (Tax Account Number
116.39-2-3), of which it seeks leave to sell (the "Premises").
6. Petitioner has no further need to own or operate the Premises, making it excess
property which continues to be a drain on Petitioner's finances.
7. Petitioner now desires to convey the Premises to George Ben or his assignee (the
"Purchaser") for consideration in the amount of $354,000.00, pursuant to the terms and conditions
of a certain Contract to Purchase, as amended by that certain Counteroffer to the Contract to
Purchase, last dated August 31, 2023 (collectively the "Contract") attached hereto as Exhibit B.
8. Petitioner obtained an appraisal of the Premises prepared by Kevin L. Bruckner,
MAI, CCIM, a certified appraiser with Bruckner, Tillet, Rossi, Cahill & Associates, independent
of Petitioner and Purchaser, dated as of January 20, 2020 (the "Bruckner Appraisal"). The
Bruckner Appraisal valued the Premises at an estimated value of $260,000.00. Additionally,
Petitioner obtained a Broker Price Opinion of the Premises by Edward Fenzl, a NYS Licensed
Real Estate Broker, independent of Petitioner, dated as of January 31, 2020 (the "Broker
Opinion", and together with the Bruckner Appraisal, collectively, the "Appraisal"). The Broker
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FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024
Opinion of Value valued the Premises at an estimated value of $350,000.00. A copy of the
Bruckner Appraisal and the Broker Opinion of Value are attached hereto as Exhibit C.
9. A copy of the Petitioner's most recent balance sheet is attached to this petition as
Exhibit D.1
10. The Bishop of The Diocese of Rochester, The Most Reverend Salvatore R. Matano
and the Petitioner's Board of Trustees have unanimously consented to this application for
permission to sell the Premises and have approved the conveyance. A copy of the unanimous
written consent is attached to this petition as EAlbit E.
11. Dissolution of Petitioner is not contemplated.
12. The consideration and the terms of the proposed sale are fair and reasonable to
Petitioner and the interests of Petitioner will be promoted by the sale of the Premises because the
continued ownership of the Premises are a financial burden to it and the proceeds from the
proposed sale will be used for the Petitioner's general purposes and will further Petitioner's
religious ministry. There are no known conditions or limitations which would prevent or restrict in
any way the conveyance of the Premises which is proposed.
13. Petitioner makes this petition pursuant to Section 511 of the New York
Not-for-Profit Corporation Law and Section 12 of the New York Religious Corporations Law.
14. No previous application has been made for an order authorizing the sale and
conveyance of the Premises. No previous order has been issued for the relief herein requested.
WHEREFORE, your Petitioner respectfully prays that an order be made by this Court
granting leave to your Petitioner for authority to sell the Premises in accordance with the Contract
annexed hereto as well as award other and further appropriate relief.
1 NTD - to be provided the Church.
by
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FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024
Dated: Rochester, New York
January 24 , 2024 By:
Michael E. Condon, Esq.
Harris Beach PLLC
Attorneys for Petitioner
99 Garnsey Road
Pittsford, New York 14534
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FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024
VERIFICATION
STATE OF NEW YORK )
COUNTY OF D(n ) ss.:
Reverend Father Stephen Karani, being duly sworn, deposes and says that he is the Pastor of ST.
ALPHONSUS CATHOLIC GERMAN CHURCH OF AUBURN, N.Y., the Petitioner herein,
which is a religious corporation created under and by virtue of the laws of the State ofNew York;
that he has read the foregoing Petition and knows the contents thereof; that the same is true except
as to matters therein stated upon information and belief and as to those matters she believes them
to be true.
Name: Stephen Karani
Title: Pastor/Reverend
Sworn to before me this 24
day of Weylum 2024
Notary Public
Shawn B. Gillen-Caryl
NotaryPublic, State of Nety YtrIt
Onondaga County, No. 01QN107M10
Commission Expires ng h o po
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Preview
FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024 STATE OF NEW YORK COUNTY OF CAYUGA SUPREME COURT In the Matter of the Application of ST. ALPHONSUS CATHOLIC GERMAN CHURCH OF AUBURN, N.Y. PETITION Petitioner, Index No. For an Order Granting Leave to Sell Certain Real Property Located in the County of Cayuga TO THE SUPREME COURT OF THE STATE OF NEW YORK: Petitioner, ST. ALPHONSUS CATHOLIC GERMAN CHURCH OF AUBURN, N.Y. ("Pe.titioner"), through its attorneys Harris Beach PLLC, for its petition for authority to sell certain real property located in Cayuga County, states as follows: 1. Petitioner is a religious corporation duly incorporated under the laws of the State of New York with principal offices at: 90 Melrose Road, Aubum, New York 13021. A copy of Petitioner's Certificate of Incorporation filed in the Cayuga County Clerk's Office on September 1, 1869, is attached hereto as Exhibit A. 2. Petitioner makes this petition pursuant to Section 511 of the Not-for-Profit Corporation Law and Section 12 of the Religious Corporations Law. 3. The names of the Petitioner's trustees and their places of residence are as follows: The Most Reverend Salvatore R. Matano Bishop of The Diocese of Rochester President and Trustee 296 Flower City Park Rochester, New York 14615 Very Reverend Paul J. Tomasso Vicar General of The Diocese of Rochester Vice President and Trustee 168 Spencerport Road Rochester, New York 14606 Error1 Unknown document property name. 1 of 5 FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024 Reverend Father Stephen Karani Pastor, Secretary/Treasurer and Trustee 85 E Genesee Street Auburn, NY 13021 Nancy Camardo Trustee 12 Fairway Drive Auburn, NY 13021 Michael Keegan Trustee 11 Bradford Street Auburn, NY 13021 4. Petitioner espouses the Roman Catholic Faith and participates in religious and charitable ministries. 5. Petitioner is the owner in fee of certain real property known as 10 South Lewis Street, City of Auburn, County of Cayuga and State of New York (Tax Account Number 116.39-2-3), of which it seeks leave to sell (the "Premises"). 6. Petitioner has no further need to own or operate the Premises, making it excess property which continues to be a drain on Petitioner's finances. 7. Petitioner now desires to convey the Premises to George Ben or his assignee (the "Purchaser") for consideration in the amount of $354,000.00, pursuant to the terms and conditions of a certain Contract to Purchase, as amended by that certain Counteroffer to the Contract to Purchase, last dated August 31, 2023 (collectively the "Contract") attached hereto as Exhibit B. 8. Petitioner obtained an appraisal of the Premises prepared by Kevin L. Bruckner, MAI, CCIM, a certified appraiser with Bruckner, Tillet, Rossi, Cahill & Associates, independent of Petitioner and Purchaser, dated as of January 20, 2020 (the "Bruckner Appraisal"). The Bruckner Appraisal valued the Premises at an estimated value of $260,000.00. Additionally, Petitioner obtained a Broker Price Opinion of the Premises by Edward Fenzl, a NYS Licensed Real Estate Broker, independent of Petitioner, dated as of January 31, 2020 (the "Broker Opinion", and together with the Bruckner Appraisal, collectively, the "Appraisal"). The Broker Errorl Unknown document property name· --2 2 of 5 FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024 Opinion of Value valued the Premises at an estimated value of $350,000.00. A copy of the Bruckner Appraisal and the Broker Opinion of Value are attached hereto as Exhibit C. 9. A copy of the Petitioner's most recent balance sheet is attached to this petition as Exhibit D.1 10. The Bishop of The Diocese of Rochester, The Most Reverend Salvatore R. Matano and the Petitioner's Board of Trustees have unanimously consented to this application for permission to sell the Premises and have approved the conveyance. A copy of the unanimous written consent is attached to this petition as EAlbit E. 11. Dissolution of Petitioner is not contemplated. 12. The consideration and the terms of the proposed sale are fair and reasonable to Petitioner and the interests of Petitioner will be promoted by the sale of the Premises because the continued ownership of the Premises are a financial burden to it and the proceeds from the proposed sale will be used for the Petitioner's general purposes and will further Petitioner's religious ministry. There are no known conditions or limitations which would prevent or restrict in any way the conveyance of the Premises which is proposed. 13. Petitioner makes this petition pursuant to Section 511 of the New York Not-for-Profit Corporation Law and Section 12 of the New York Religious Corporations Law. 14. No previous application has been made for an order authorizing the sale and conveyance of the Premises. No previous order has been issued for the relief herein requested. WHEREFORE, your Petitioner respectfully prays that an order be made by this Court granting leave to your Petitioner for authority to sell the Premises in accordance with the Contract annexed hereto as well as award other and further appropriate relief. 1 NTD - to be provided the Church. by ErrorI Unknown document property name· -3 3 of 5 FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024 Dated: Rochester, New York January 24 , 2024 By: Michael E. Condon, Esq. Harris Beach PLLC Attorneys for Petitioner 99 Garnsey Road Pittsford, New York 14534 Errort Unknown document property name. _4 4 of 5 FILED: CAYUGA COUNTY CLERK 01/25/2024 10:22 AM INDEX NO. E2024-0080 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2024 VERIFICATION STATE OF NEW YORK ) COUNTY OF D(n ) ss.: Reverend Father Stephen Karani, being duly sworn, deposes and says that he is the Pastor of ST. ALPHONSUS CATHOLIC GERMAN CHURCH OF AUBURN, N.Y., the Petitioner herein, which is a religious corporation created under and by virtue of the laws of the State ofNew York; that he has read the foregoing Petition and knows the contents thereof; that the same is true except as to matters therein stated upon information and belief and as to those matters she believes them to be true. Name: Stephen Karani Title: Pastor/Reverend Sworn to before me this 24 day of Weylum 2024 Notary Public Shawn B. Gillen-Caryl NotaryPublic, State of Nety YtrIt Onondaga County, No. 01QN107M10 Commission Expires ng h o po Errorl Unknown document property name· -5 5 of 5