Preview
INDEX NO. E2024003732
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3762119
Book Page CIVIL
Return To: No. Pages: 6
DONALD R. FOX
100 Meridian Centre Blvd Instrument: EFILING INDEX NUMBER
Suite 300
Rochester, NY 14618 Control #: 202402281667
Index #: E2024003732
Date: 02/28/2024
In the Matter of the Application of True Faith Christian Time: 5:18:02 PM
Fellowship, f/k/a The Historic Parsells Church, f/k/a The Parsells
Avenue Community Church and f/k/a Christ Community Church
of Rochester, with its principal mailing address at P.O. Box
10670, Roche
State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: CW
Management
Total Fees Paid: $210.00
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
WONT
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
In the Matter of the Application of TRUE FAITH Index No.
CHRISTIAN FELLOWSHIP, f/k/a THE HISTORIC
PARSELLS CHURCH, f/k/a THE PARSELLS AVENUE
COMMUNITY CHURCH and f/k/a CHRIST COMMUNITY
CHURCH OF ROCHESTER, with its principal PETITION
mailing address at P.O. Box 10670,
Rochester, New York 14610,
Petitioner,
for leave to dissolve pursuant to the
provisions of §18 of the New York
State Religious Corporation Law
To the Supreme Cottt of the County of Monroe:
The Petition of True Faith Christian Fellowship, f/k/a The Historic Parsells Church,
fik/a The Parsells Avenue Community Church and f/k/a Christ Community Church of
Rochester, being a Religious Corporation, respectfully alleges that:
.
1 The Petitioner is a religious corporation organized and existing under the
Religious Corporation Law of the State of New York.
2 The Petitioner is affiliated with the American Baptist Churches of the
United States and the American Baptist Churches of the Rochester/Genesee Region.
3 The Petitioner has previously received approval from the New York State
Attorney General to sell its real property at 345 Parsells Avenue, Rochester, New York
(see Exhibit “A”) and currently operates by leasing space at other local churches for
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NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
purposes of carrying out worship. The mailing address for the Petitioner at this time is
P.O. Box 10670, Rochester, NY 14610.
4 The Petitioner is incorporated under the laws of the State of New York and
is a successor church following the discontinuance of the consolidation of The Parsells
Avenue Community Church and the Presbytery of the Genesee Valley, Inc., said
discontinuance being subject to the provisions of the Order of the Hon. David D. Egan as
the same was recorded in the Monroe County Clerk’s Office on June 25, 2010.
5 The Petitioner is further a successor as a result of a merger in 2016 of The
Parsells Avenue Community Church (which was originally created in 1895) and The Christ
Community Church of Rochester (originally created in 2010).
6 As noted, the Petitioner is affiliated with the American Baptist Churches as
that term is defined under the New York State Religious Corporation Law.
7 The congregation has determined that the best use of the resources of the
Petitioner would be carried out if the remaining funds held by the Petitioner were
distributed pursuant to the Plan of Dissolution which is set forth in paragraph “9” hereafter.
8 The Plan of Dissolution has been duly adopted by the Church Council on
November 1, 2023 and by the Board of Trustees on November 3, 2023 as set forth in the
Minutes of Meeting of the Trustees annexed hereto and marked as Exhibit “B” and Minutes
of the Church Council annexed hereto and marked as Exhibit “B-1”.
9 On December 17, 2023 at a duly called meeting of the congregation, the
congregation (“Exhibit C”) of the Petitioner approved the Trustee’s proposal to dissolve
the Petitioner and to distribute the remaining funds, after the payment of all creditors, to
The American Baptist Churches of the Rochester Genesee Region (hereafter “ABC/RGR”)
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to be added to their endowment fund to be used to fund an annual scholarship to preserve
the memory of the Petitioner and its late pastor, Rev. Dr. Carol Garrett.
10. The Petitioner has no known creditors.
11. The names and addresses of the Trustees of the Petitioner are as follows:
A. Kim S. Smith-Osborne, Chairman of Church Council and Chairman
of the Board of Trustees, 511 Woodbine Avenue, Rochester, NY 14619;
B Charline Smikle, 188 Pershing Drive, Rochester, NY 14609; and
Cc Doreen Young, Trustee and Church Clerk, 1400 South Plymouth
Avenue, Rochester, NY 14611.
12. Annexed hereto is a copy of the Constitution and By-Laws of the Petitioner
(marked as Exhibit “D”). The Petitioner notes that the provisions of Article VI entitled
Dissolution provides that the assets shall be distributed to “such organization or
organizations operated exclusively for charitable, educational, religious or scientific
purposes and qualified as an exempt organization under §501(c)(3) of the Internal Revenue
Code as shall be determined by the Church Council. Your deponent believes the
ABC/RGR Endowment Fund meets that requirement.
13. As noted in the aforesaid Article VI of the Constitution and By-Laws, a vote
to dissolve was made in compliance with Article VII, Section 1 c-3 of the By-Laws.
14. Annexed hereto as Exhibit “E” is evidence establishing that a notice of time
and place of the intended application to the Court herein has been duly published each
week for at least four (4) weeks successively, the next proceeding of said application in an
authorized newspaper published in the County where said corporation is located as is
required under §18 of the Religious Corporation Law.
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15. As an American Baptist Church, the Petitioner is not under the jurisdiction
of any incorporated ecclesiastical governing body.
16. As noted hereinbefore, the relief requested herein has been approved by the
Board of Trustees of the Petitioner and the congregation as is required under the Religious
Corporation Law.
17. The estimated value of the property of the Petitioner following the payment
of all debts, the cost of this proceeding, and any and all other anticipated expenses, is less
than $40,000.00.
WHEREFORE, the Petitioner herein respectfully prays for an Order of the Court
pursuant to §18 of the Religious Corporation Law authorizing that the Petitioner dissolve
and that the remaining surplus of funds after payment of all creditors and the cost of the
within proceeds to be paid over to the ABC/RGR Endowment Fund to fund annual
scholarships to be established with ABC/RGR in memory of the Petitioner and its late
pastor, Rev. Dr. Carol Garrett.
TRUE FAITH CHRISTIAN FELLOWSHIP
Dated: February 27, 2024 BY: belldai z- latina
Kim S. Smith-Osborne, Chairman of the Board
of Trustees
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STATE OF NEW YORK )
COUNTY OF MONROE ) SS:
KIM S. SMITH-OSBORNE, being duly sworn, deposes and says that deponent is
the authorized signatory of TRUE FAITH CHRISTIAN FELLOWSHIP, the religious
corporation named in the within action; that deponent has read the foregoing Petition, and
knows the contents thereof; that the same is true to deponent’s own knowledge, except as
to the matters therein stated to be alleged on information and belief, and that as to those
matters, deponent believes it to be true.
hind daiB-LP borane
Kim S. Smith-Osborne, Chairman of the
Board of Trustees
Sworn to before me this 27th
day of February 2024.
x = Pe of b Plan Leen
NOTARY PUBLIC
KRISTINE A. HAMILTON
NOTARY PUBLIC-STATE OF NEW YORK
No. 01HA4818335
Qualified in Monroe County
My Commission Expires 12-31-02 ©
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INDEX NO. E2024003732 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3762119 Book Page CIVIL Return To: No. Pages: 6 DONALD R. FOX 100 Meridian Centre Blvd Instrument: EFILING INDEX NUMBER Suite 300 Rochester, NY 14618 Control #: 202402281667 Index #: E2024003732 Date: 02/28/2024 In the Matter of the Application of True Faith Christian Time: 5:18:02 PM Fellowship, f/k/a The Historic Parsells Church, f/k/a The Parsells Avenue Community Church and f/k/a Christ Community Church of Rochester, with its principal mailing address at P.O. Box 10670, Roche State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: CW Management Total Fees Paid: $210.00 State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK WONT 1 of 6 OUN hk 03 2p WV Cl 2DRBE2LGIGG7 E2024003732 MONRO NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE In the Matter of the Application of TRUE FAITH Index No. CHRISTIAN FELLOWSHIP, f/k/a THE HISTORIC PARSELLS CHURCH, f/k/a THE PARSELLS AVENUE COMMUNITY CHURCH and f/k/a CHRIST COMMUNITY CHURCH OF ROCHESTER, with its principal PETITION mailing address at P.O. Box 10670, Rochester, New York 14610, Petitioner, for leave to dissolve pursuant to the provisions of §18 of the New York State Religious Corporation Law To the Supreme Cottt of the County of Monroe: The Petition of True Faith Christian Fellowship, f/k/a The Historic Parsells Church, fik/a The Parsells Avenue Community Church and f/k/a Christ Community Church of Rochester, being a Religious Corporation, respectfully alleges that: . 1 The Petitioner is a religious corporation organized and existing under the Religious Corporation Law of the State of New York. 2 The Petitioner is affiliated with the American Baptist Churches of the United States and the American Baptist Churches of the Rochester/Genesee Region. 3 The Petitioner has previously received approval from the New York State Attorney General to sell its real property at 345 Parsells Avenue, Rochester, New York (see Exhibit “A”) and currently operates by leasing space at other local churches for 2) Ol (0) OUN hk 92% 20 WV Cl 2MRBE2281667 E2024003732 MONRO NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 purposes of carrying out worship. The mailing address for the Petitioner at this time is P.O. Box 10670, Rochester, NY 14610. 4 The Petitioner is incorporated under the laws of the State of New York and is a successor church following the discontinuance of the consolidation of The Parsells Avenue Community Church and the Presbytery of the Genesee Valley, Inc., said discontinuance being subject to the provisions of the Order of the Hon. David D. Egan as the same was recorded in the Monroe County Clerk’s Office on June 25, 2010. 5 The Petitioner is further a successor as a result of a merger in 2016 of The Parsells Avenue Community Church (which was originally created in 1895) and The Christ Community Church of Rochester (originally created in 2010). 6 As noted, the Petitioner is affiliated with the American Baptist Churches as that term is defined under the New York State Religious Corporation Law. 7 The congregation has determined that the best use of the resources of the Petitioner would be carried out if the remaining funds held by the Petitioner were distributed pursuant to the Plan of Dissolution which is set forth in paragraph “9” hereafter. 8 The Plan of Dissolution has been duly adopted by the Church Council on November 1, 2023 and by the Board of Trustees on November 3, 2023 as set forth in the Minutes of Meeting of the Trustees annexed hereto and marked as Exhibit “B” and Minutes of the Church Council annexed hereto and marked as Exhibit “B-1”. 9 On December 17, 2023 at a duly called meeting of the congregation, the congregation (“Exhibit C”) of the Petitioner approved the Trustee’s proposal to dissolve the Petitioner and to distribute the remaining funds, after the payment of all creditors, to The American Baptist Churches of the Rochester Genesee Region (hereafter “ABC/RGR”) -2- 3 Oni) OUN hk 92% 20 WV Cl 2ORBE2281667 E2024003732 MONRO NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 to be added to their endowment fund to be used to fund an annual scholarship to preserve the memory of the Petitioner and its late pastor, Rev. Dr. Carol Garrett. 10. The Petitioner has no known creditors. 11. The names and addresses of the Trustees of the Petitioner are as follows: A. Kim S. Smith-Osborne, Chairman of Church Council and Chairman of the Board of Trustees, 511 Woodbine Avenue, Rochester, NY 14619; B Charline Smikle, 188 Pershing Drive, Rochester, NY 14609; and Cc Doreen Young, Trustee and Church Clerk, 1400 South Plymouth Avenue, Rochester, NY 14611. 12. Annexed hereto is a copy of the Constitution and By-Laws of the Petitioner (marked as Exhibit “D”). The Petitioner notes that the provisions of Article VI entitled Dissolution provides that the assets shall be distributed to “such organization or organizations operated exclusively for charitable, educational, religious or scientific purposes and qualified as an exempt organization under §501(c)(3) of the Internal Revenue Code as shall be determined by the Church Council. Your deponent believes the ABC/RGR Endowment Fund meets that requirement. 13. As noted in the aforesaid Article VI of the Constitution and By-Laws, a vote to dissolve was made in compliance with Article VII, Section 1 c-3 of the By-Laws. 14. Annexed hereto as Exhibit “E” is evidence establishing that a notice of time and place of the intended application to the Court herein has been duly published each week for at least four (4) weeks successively, the next proceeding of said application in an authorized newspaper published in the County where said corporation is located as is required under §18 of the Religious Corporation Law. -3- 4 of 6 Cl 2MRBE2281667 E2024003732 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 15. As an American Baptist Church, the Petitioner is not under the jurisdiction of any incorporated ecclesiastical governing body. 16. As noted hereinbefore, the relief requested herein has been approved by the Board of Trustees of the Petitioner and the congregation as is required under the Religious Corporation Law. 17. The estimated value of the property of the Petitioner following the payment of all debts, the cost of this proceeding, and any and all other anticipated expenses, is less than $40,000.00. WHEREFORE, the Petitioner herein respectfully prays for an Order of the Court pursuant to §18 of the Religious Corporation Law authorizing that the Petitioner dissolve and that the remaining surplus of funds after payment of all creditors and the cost of the within proceeds to be paid over to the ABC/RGR Endowment Fund to fund annual scholarships to be established with ABC/RGR in memory of the Petitioner and its late pastor, Rev. Dr. Carol Garrett. TRUE FAITH CHRISTIAN FELLOWSHIP Dated: February 27, 2024 BY: belldai z- latina Kim S. Smith-Osborne, Chairman of the Board of Trustees -4- 5 of 6 Cl 2MRBE2281667 E2024003732 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 STATE OF NEW YORK ) COUNTY OF MONROE ) SS: KIM S. SMITH-OSBORNE, being duly sworn, deposes and says that deponent is the authorized signatory of TRUE FAITH CHRISTIAN FELLOWSHIP, the religious corporation named in the within action; that deponent has read the foregoing Petition, and knows the contents thereof; that the same is true to deponent’s own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, deponent believes it to be true. hind daiB-LP borane Kim S. Smith-Osborne, Chairman of the Board of Trustees Sworn to before me this 27th day of February 2024. x = Pe of b Plan Leen NOTARY PUBLIC KRISTINE A. HAMILTON NOTARY PUBLIC-STATE OF NEW YORK No. 01HA4818335 Qualified in Monroe County My Commission Expires 12-31-02 © -5- 6 of 6