Not Motion in David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist Church| Trellis.Law

On August 12, 2021 a Exhibit,Appendix was filed involving a dispute between David Dymock, and Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, The Upper New York Conference Of The United Methodist Church, Wyoming Conference Of The United Methodist Church, for Torts - Child Victims Act in the District Court of Broome County.

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STATE OF NEW YORK
SUPREME COURT COUNTY OF BROOME

DAVID DYMOCK,

Plaintiff, NOTICE OF MOTION
v. Index No.
EFCA2021002702
BROOME COUNTY, BROOME COUNTY DEPARTMENT
OF SOCIAL SERVICES, CHILDREN’S HOME OF
WYOMING CONFERENCE, WYOMING CONFERENCE
OF THE UNITED METHODIST CHURCH, AND THE
UPPER NEW YORK CONFERENCE OF THE UNITED
METHODIST CHURCH,

Defendants.

MOTION BY: Defendants Wyoming Conference of the
United Methodist Church and the Upper New
York Conference of the United Methodist
Church

DATE, TIME and ______________________ at 10:00 a.m.,
PLACE OF MOTION: Broome County Courthouse, 92 Court Street,
Binghamton, New York 13901

SUPPORTING PAPERS: 1) Affidavit of Timothy N. McMahon, Esq.,
dated April 7, 2023, with Exhibits A - E;
Affidavit of Rev. Mark Marino, dated April 4,
2023; Affidavit of Rev. William Gottschalk-
Fielding, dated April 5, 2023, with Exhibit A;
and
2) Memorandum of Law.
OBJECT OF MOTION: An Order pursuant to CPLR 3212 dismissing
the Complaint and any cross-claims, with
prejudice.

ANSWERING PAPERS: Pursuant to CPLR 2214.

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Respectfully submitted,

Dated: April 7, 2023 BOND, SCHOENECK & KING, PLLC

By:_____________________________
Timothy N. McMahon, Esq.

Office and P.O. Address
One Lincoln Center
Syracuse, New York 13202
Telephone: (315) 218-8000
Attorneys for Defendants Wyoming
Conference of the United Methodist Church
and the Upper New York Conference of the
United Methodist Church

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STATE OF NEW YORK
SUPREME COURT COLINTY OF BROOME

DAVID DYMOCK,

Plaintiff, AFFIDAVIT OF
REVEREI\D MARK
MARINO
BROOME COUNTY, BROOME COUNTY DEPARTMENT Index No.
OF SOCIAL SERVICES, CHILDREN'S HOME OF 8FCA2021002702
WYOMTNC CONFERENCE, WYOMING CONFERENCE
OF THE UNITED METHODIST CHURCH, AND THE
UPPER NEW YORK CONFERENCE OF THE UNITED
METHODIST CHURCH.

Defendants.

STATE OF NEW YORK )
) SS.

COUNTY OF BROOME )

REVEREIYD MARK MARINO, being duly swom, deposes, says:

l. I am currently retired. The last position I held prior to retirement was in 2014 as

Pastor ofthe Central United Methodist Church in Endicott, New York.

2. From 1999-2006,I rvas the District Superintendent of the Binghamton District of

the Wyoming Conference. During this same time period, I was also ex officio member of the Board

of Directors for the Children's Home of Wyoming Conference ("Children's Home"). I was on the

Board of Directors for the Children's Home in the mid-to-late 1980's and also on their staff as

Chaplain from 1988- 1992.

3. It is my understanding that a lawsuit has been commenced via Summons and

Complaint ("Complaint") against, among others, the Broome County Department of Social

Services ("DSS"), the Children's Home, the Wyoming Conference of the United Methodist

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Church ("Wyoming Conference"), and the Upper New York Conference ("UNY") of the United

Methodist Church (collectively the "Conference"). It is also my understanding that the named

Plaintiff in this lawsuit has alleged that he was sexually abused and assaulted at the Children's

Home by an unnamed Abuser between 2000 and 2A02, after being placed there by DSS.

4. During all of my time associated with the Children's Home and knowing its history,

the Children's Home is and always has been a separate and distinct entity from the Wyoming

Conference. The Children's Home has its own Board ofDirectors. The Wyoming Conference did

not have any power or authority to hire, supervise, or give directions to anyone affiliated with the

Children's Home.

5. The Wyoming Conference did not own the property where the alleged acts occurred

(i.e., the Children's Home), and did not employ,hire, supervise, train, or retain the staffat the

facility or property where the alleged acts occurred at any time relevant to the Complaint.

6. At all times relevant to the allegations in the Complaint, the Wyoming Conference

could not have and did not create, oversee, supervise, manage, control, direct, or operate the

children's Home or its faculty, staff, or any other employees at the children's Home.

7. The Wyoming Conference did not hire, retain, employ, oversee, supervise, provide,

or control the staffor employees at the Children's Home, including the alleged Abuser, as he is

described in the Complaint.

8. Because the Children's Home was independent of the Wyoming Conference at all

times relevant to the allegations in the Complaint, the Wyoming Conference did not make any

representations regarding the safety of the Children's Home or its faculty, staff, and employees

and the Wyoming Conference did not have any relationship with those placed at the Children,s

Home, including the named Plaintiffin the Complaint.

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. Mark Marino

Sworn to before me this
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WORD COUNT CERTIFICATION

I, TIMOTHY N. McMAHON, hereby affirm pursuant to Rule 202.8-b of the Uniform

Civil Rules for the Supreme and County Court that the word count for the above Affidavit is 457

words, excluding the caption and signature block, according to the word count function on

Microsoft Word, and therefore complies with the 7,000 word count limit.

s/Timothy N. McMahon
Timothy N. McMahon

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STATE OF NEW YORK
SUPREME COURT COUNTY OF BROOME

DAVID DYMOCK,

Plaintiff, AFFIDAVIT OF
REVEREND WILLIAM
v. GOTTSCHALK-
FIELDING
BROOME COUNTY, BROOME COUNTY DEPARTMENT
OF SOCIAL SERVICES, CHILDREN'S HOME OF Index No.
WYOMING CONFERENCE, WYOMING CONFERENCE EFCA2021002702
OF THE UNITED METHODIST CHURCH, AND THE
UPPER NEW YORK CONFERENCE OF THE UNITED
METHODIST CHURCH,

Defendants.

STATE OF NEW YORK )
) ss.:
COUNTY OF ONONDAGA )

REVEREND WILLIAM GOTTSCHALK-FIELDING, being duly sworn, deposes,

says:
j
i

1. I am the Assistant to the Bishop for the United Methodist Center of the Upper New

York Conference, and am an ordained United Methodist elder serving in upstate New York since

1990, which includes 20-years as a parish pastor.

2. I make this affidavit in support of a motion for summary judgment dismissing the

Complaint as against defendants Wyoming Conference of the United Methodist Church

(Wyoming Conference") and the Upper New York Conference ("UNY Conference") of the

United Methodist Church (collectively "the Conference").

3. A defining attribute of the United Methodist Church is its organizational structure,

outlined in The Book of Discipline of The United Methodist Church ("The Discipline"). The

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Discipline sets forth the law, plan, and polity of the United Methodist faith. In a legal sense, The

United Methodist Church, as a denomination, is comprised of a series of separate entities -

including local churches, conferences, agencies, councils and boards that share a common faith.

There is no single, incorporated "United Methodist Church," nor are there any officers, employees

or assets of "The United Methodist Church." However, through connectionalism, all of these

disparate entities come together and form a worldwide religious system that - collectively - is

United Methodism. This structure is "multi-leveled, global in scope and local in thrust" (The

Disclipline, at 137, 701).

4. Tying the local churches together, and uniting them into a singular and connected

ministry, are the Annual Conferences - the "basic body" of The United Methodist Church (The

Disclipline, at ,r,r 11, 33, 369). Each Annual Conference is assigned a specific geographic area by

the denomination, and charged with supporting, guiding and caring for all ministry and mission in

that area, including overseeing the local churches and all aspects ofclergy membership, ordination,

appointment, discipline and compensation (The Discipline, at / 603, 608-610, 2512; see Religious

Corporation Law § 15).

5. In 201 O, the UNY Conference was created when the New York churches of four

existing Conferences- North Central New York, Troy, Western New York, and Wyoming

Conferences united to better serve the ministry needs of the local churches and their respective

communities. More specifically, in 2010, the Wyoming Conference was dissolved and all of its

assets in New York were transferred to the UNY Conference. Accordingly, the UNY Conference

now serves all of the New York United Methodist Churches and clergy previously located in the

Wyoming Conference area. Attached as Exhibit A are copies of the Plan of Union for the UNY

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Conference, and subsequent Supreme Court orders reflecting the consolidation and unification of

the Conferences referenced above.

6. The UNY Conference is a religious corporation, formed under Religious

Corporation Law § 15. The UNY conference covers approximately 134,000 members and 865

churches in 12 districts covering 49 of the 62 counties in New York State.

_J 7. Beginning in 2010, I began serving the UNY Conference as its first Director of
i
Connectional Ministries.

8. The UNY Conference has no (and has never had any) responsibility for, or control

over, the employment and financial decisions of the Children's Home of Wyoming Conference

("Children's Home"). The Children's Home is its own independent entity, presumably governed

by its own separate, autonomous, and independent board of directors.

9. The UNY Conference has no power or authority to hire, supervise, or give

directions to anyone affiliated with the Children's Home.

10. At all times relevant to my tenure with the UNY Conference, the UNY Conference

never assumed any custody, care, or control of the named Plaintiff David Dymock. The UNY

Conference has no record of Mr. Dymock or any relationship with him.

11. At all times relevant to my tenure with the UNY Conference, the UNY Conference

never employed or had any relationship, including, but not limited to as a manager, counselor,

representative, servant, agent, employee, or volunteer with the "Abuser," as defined in the

Complaint.

Ly, @tu kt
Rev. William Gottschalk-Fielding

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Sworn to before me this
5 dry ot. 2o/ , 2023.
Tracy A. Rickett
NOTARY PUBLIC, STATE OF NEW YORK
Registration No, 01RI6248942

egg &Peer
N«dar ie
Onondaga County
Commission Expires September 26, 2023

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WORD COUNT CERTIFICATION

I, TIMOTHY N. McMAHON, hereby affirm pursuant to Rule 202.8-b of the Uniform

Civil Rules for the Supreme and County Court that the word count for the above Affidavit is 656

words, excluding the caption and signature block, according to the word count function on

Microsoft Word, and therefore complies with the 7,000 word count limit.

s/Timothy N._McMahon
Timothy N. McMahon

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EXHIBIT
A
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i-
I
I
]

THE UPPER NEW YORK
ANNUAL CONFERENCE OF
THE UNITED METHODIST CHURCH

Presented by the New Area/ Conference
Team ("New ACT")

1689029.1 4/9/201
1689029.1 4/9/2010O
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INTRODUCTION
OUR JOURNEY TO THIS PLACE AND TIME

For more than 200 years, the North Central New York, Western New York, Troy and Wyoming
Annual Conferences, and their predecessors, have united us in ministry across Upstate New
New
York, Vermont and Northern Pennsylvania. Like John Wesley and others before us, we
"connexion" and our organized systems of leadership, communication and
recognize that the "connexion"
accountability are fundamental to living out the Great Commission of Matthew's Gospel:
Gospel:
to make disciples of Jesus Christ for the transformation of the world.

Our Annual Conferences function as the building blocks of our denomination, providing pastoral
support, guidance and care to the local United Methodist churches within their boundaries.
boundaries.
Yet, in our time, changes in church membership, technology, and the world itself have spurred
our conversations about ways to better serve the Church's core mission of Discipleship. More
More
recently, these conversations have revolved around anticipated changes in the deployment of
Bishops and the resulting unification of Annual Conferences and Episcopal Areas.

As the 2004 General Conference came to pass, it was clear that declines in local church
membership within the Northeastern Jurisdiction would result in a reduction in the number of
Bishops. Specifically, the number of Bishops deployed to each Jurisdictional Conference
Conference is
determined by the General Conference, using a formula set forth in The Book of Discipline of
¶ 405.2, which is based, primarily, upon
The United Methodist Church ("The Discipline"), 405.2,
church membership and missional needs.
needs. In addition, the General Council on Finance and
Administration proposed reducing the number of Bishops in every Jurisdiction by one, as a cost-
saving measure.

Certainly, changes in deployment would require reconfiguration of Episcopal Areas and, quite
possibly, Annual Conferences, within the Northeastern Jurisdiction.
Jurisdiction. Cognizant of this, and the
need to make a fully informed decision that would enhance ministry, and not detract from it, the
General Conference chose to defer taking action until a study of the Episcopacy could be
completed. Such a study was set to be presented at the 2008 General Conference, at which time
the General Conference would consider the issue of changes in the deployment of Bishops.

Anticipating that the 2008
2008 General Conference would recommend reducing the number of
Bishops deployed to the Northeastern Jurisdiction by at least one, Bishops Violet Fisher and
Susan Morrison lead an active role in visioning the future of their Annual Conferences. At the
time, Bishops Fisher and Morrison were assigned to the North Central New York, Western New
York, Troy, and Wyoming Annual Conferences. Knowing that these four Annual Conferences
the smallest in the Northeastern Jurisdiction, and included the most recently created
were among the_
Episcopal Area, Bishops Fisher and Morrison faithfully believed that a reduction in the
deployment of Bishops to the Northeastern Jurisdiction would likely result in a reconfiguration
of one of more of these Conferences' boundaries.
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Providentially, the Northeastern Jurisdiction also desired its Annual Conferences to propose
reconfigurations. Seizing upon this, Bishops Fisher and Morrison urged their Annual
Conferences (North Central New York, Western New York, Troy and Wyoming) to form
Boundary Task Forces to help shape the future of The United Methodist Church across New
York, Vermont and Pennsylvania. These Boundary Task Forces were established and charged
with exploring new ways the Annual Conferences could work together and unite. In addition,
the Wyoming and Troy Conferences were encouraged to explore unification or alignment with
the adjoining Conferences outside of New York, in New England and Pennsylvania.

For the next three years, both within and outside the auspices of the Boundary Task Forces, the
four Annual Conferences engaged in intentional conversation, discernment and prayer. A wide
variety of meetings, listening and brainstorming sessions took place, not only within each
Conference and Episcopal Area, but between and amongst them. As this course unfolded, a
historical record reflecting a high level of interaction and mutual ministry among the
Conferences was unveiled. Indeed, the Conferences of the New York West Area (the North
Central New York and Western New York Conferences) had already had intentional
conversations about enhancing their ministries together in the past. Unification of these
Conferences was not merely a vision. Itlt was already happening.

CREATING ONE OUT OF MANY
And so it was, that on October 6, 2007, all clergy and lay members of the North Central New
York, Western New York, Troy and Wyoming Conferences were called together in simultaneous
Special Sessions, under the supervision of their respective Bishops, to discuss unification. Each
of the four Upstate Annual Conferences separately considered, voted upon, and approved,
unification.

This mutual approval was embodied in a request to the Northeastern Jurisdictional Conference,
asking it to create a new, single Annual Conference and corresponding Episcopal Area that
would cover all of Upstate New York. As part of this unification, the local churches of the Troy
Conference in Vermont would be realigned into the New England Annual Conference, and the
local churches in the Wyoming Conference in Pennsylvania would be realigned into the Central
Pennsylvania Conference, to be renamed the Susquehanna Conference (the "Susquehanna
Conference").

After the 2007 Special Sessions, in anticipation of the Northeastern Jurisdiction's approval, the
Conferences dissolved their Boundary Task Forces, and created a joint New Area/Conference
ACT) to lead them forward with the unification process. A copy of the New ACT
Team ("New ACT")
enabling resolution, approved by the four Upstate Annual Conferences, is attached as
"l." New ACT consists of 18 people: the two presiding Bishops, three members at
Exhibit "1."

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large from each of the Annual Conferences, and each Conference's Director of Connectional
Ministry:

Rev. Larry Baird Nick Keeney
Rev. Daryl R. Barrow Rev. Larry Lundgren
Rev. Beth O. Benham Rev. Mark Marino
Desiree Chaires Rev. Jan Marsi
Kristen Dart Bishop Marcus Matthews
Rev. Steve Deckard Rev. George F. Nicholas
Christine Doran Rev. Holly Nye
Evie Doyon Rev. Deborah O'Connor-Slater
Rev. William Gottschalk-Fielding Jarrett Roan
Bishop Susan W.
W. Hassinger
FIassinger Rev. Sherri Rood
Karina Huber Rev. Scott Tyler
Rev.

The primary charge of New ACT was to coordinate the development of the new Conference, not
from whole cloth, but through unification. That process was guided by New ACT's strategic
vision to:

• Prayerfully seek God's leading as mission and vision emerge;
emerge;
• Become a covenant community;
• Affirm that vision is the driving force;
• Consult with other Conferences;
Conferences;
4 • Nurture relationships between common entities;
entities;

1 •
•
Form supporting task groups;
Seek to be inclusive;
inclusive; and
• Focus on new birth, not "merger."
•

Meanwhile, the Boundaries Committee of the Northeastern Jurisdiction reviewed the
Conferences' joint request for the creation of a new, single Annual Conference and
corresponding Episcopal Area that would cover all of Upstate New York. On February 13, 2008,
the Boundaries Committee met and, in strong support of the reconfiguration, forwarded the
matter to the full Northeastern Jurisdictional Conference. Thereafter, on July 16, 2008, the
Northeastern Jurisdictional Conference met and, after careful consideration, approved the
Boundaries Committee's recommendation, and adopted a resolution reconfiguring the
boundaries of the Annual Conferences and Episcopal Areas in and around Upstate New York.
York.

Under this resolution, the Jurisdictional Conference directed the creation of a new Annual
Conference and Episcopal Area to provide support, guidance and care to all of the local churches
in the North Central New York and Western New York Conferences, as well as all of the local
churches in the Troy and Wyoming Conferences located in New York State. The local churches
in Vermont would be realigned with the New England Conference, and the local churches in
Pennsylvania would be realigned into the Sisquehanna Conference. A copy of the Northeastern

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Jurisdictional Conference's Resolution is attached as Exhibit "2."
"2." The union and boundaries
realignment will take effect on July 1, 2010.

In addition to granting New ACT authority to guide the unification process, the Annual
Conferences also established a Joint Distribution Committee ("JDC"), charged by The Discipline
( 1509)
1509) with allocating, apportioning and distributing the pension responsibility funds during a
consolidation. Under The Discipline, the determinations of the JDC with respect to pension
liabilities and distributions are binding, and are, in that regard, incorporated into this Plan of
Union. Furthermore, the Annual Conferences also created an Asset Allocation Task Force
("AATF") to serve as an advisory body to New ACT and make recommendations on, among
other matters, the equitable allocation of resources during the reconfiguration of the Troy and
Wyoming Conferences, hazard and liability insurance policies, the consolidation of the
Conference centers and camp and retreat centers, and the care of denominational records
records and
history.

Together these entities worked to identify the issues relating to unification, and developed
recommendations for the organizational structure, administration and program ministries of the
new Annual Conference. The due diligence of New ACT, JDC, AATF and others has laid the
foundation for unification. The assets of all four Conferences have been thoroughly investigated,
as have their liabilities, operating structures, programs, committees, mission, members and staff.
staff.
Policies, plans and procedures for addressing each were developed.

This Plan of Union embodies and summarizes, as much as possible, the work of New ACT, JDC
and AATF. It is a compilation of the various recommendations and proposals that;
that; together, are
our "road map" to new things and life as the Upper New York Annual Conference.

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THE UNION PROCESS
THE VISION AND PURPOSE OF THE NEW ANNUAL CONFERENCE
A. Vision and Purpose. The Vision and Purpose of the new Annual Conference is:

Vision. To live the gospel of Jesus Christ and to be God's love with
our neighbors in all places.

Purpose. Growing in our relationship with God,
Being the body of Christ within the world, and
Living in accordance with the example of Jesus Christ by:
by:

• Engaging, equipping and empowering local
churches to be in ministry with and to our Global
Neighborhood;

• Encouraging and developing leadership within the
laity and clergy that is diverse and engaged with the
vision of Christ; and

•• Building relationships with our neighbors,
particularly with those who have been
I
disenfranchised by mainstream society.
+j
1 B. Meaning. In accepting this Vision and Purpose, one must understand both what it is, and
l
what it is not. It is a first word; not the last. It looks at missionary planners; not potential
converts. And it is designed to help us prepare for the future; not define it. The Vision
and Purpose Statement is a continuously evolving document, both shaping and being
shaped by the mission and ministry of The Church. It is our starting point.

THE NAME OF THE NEW ANNUAL CONFERENCE
A. Name. The name of the new Annual Conference will be:

The Upper New York Annual Conference of The United Methodist Church.

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THE NORTHEASTERN JURISDICTION'S EPISCOPAL AREA CHANGES
A. Current Episcopal Areas. The North Central, Western, Troy and Wyoming
Conferences currently fall within two Episcopal Areas:

1,
l. The New York West Area, to which Bishop Marcus Matthews is assigned
(covering the North Central and Western Conferences).

2. The Albany Area, to which Bishop Susan Hassinger is assigned (covering the
Troy and Wyoming Conferences).

B. New Episcopal Area. As of July 1, 1, 2010, pursuant to the 2008 Resolution of the
Northeastern Jurisdiction, the New York West and Albany Episcopal Areas will cease to
exist. In their place will be a single, unified Episcopal Area: The Upper New York
Episcopal Area. It will encompass the same boundaries as the Upper New York
Conference.

C. Bishop. Bishop Marcus Matthews is assigned as the sole Bishop to the Upper New York

Case Info

Judge

Christopher P. Baker Track Judge’s New Case

Case No.

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Document Filed Date

April 12, 2024

Case Filing Date

August 12, 2021

County

Parties

BEAUDOIN, BRYAN KIRKLAND Attorney for the Defendant
BREAKSTONE, SAMANTHA ALLYNE Attorney for the Plaintiff
BROOME COUNTY Defendant
BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES Defendant
CHILDREN'S HOME OF WYOMING CONFERENCE Defendant
David Dymock Plaintiff
FELDSHON, ARIELLE ZOE Attorney for the Plaintiff
FELLOWS, JONATHAN BOYCE Attorney for the Defendant
GAUNCE, NICHOLAS MORGAN Attorney for the Defendant
HILL, JOSHUA DAVID Attorney for the Defendant
LEDER, LINC Attorney for the Plaintiff
MCMAHON, TIMOTHY N Attorney for the Defendant
PAPIASVILI, PHILIP Attorney for the Plaintiff
PERTICONE, JOHN Attorney for the Defendant
SLATER, JOSEPH M Attorney for the Plaintiff
SULLIVAN, CHERYL D. Attorney for the Defendant
THE UPPER NEW YORK CONFERENCE OF THE UNITED METHODIST CHURCH Defendant
WYOMING CONFERENCE OF THE UNITED METHODIST CHURCH Defendant
ADAM SLATER Attorney
NINA MCMAHON Attorney
LINDA LAVERY Attorneys for Plaintiffs
JOHANNA CARMONA Attorneys for Plaintiffs

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Exhibit,Appendix: David Dymock v. Broome County, Broome County Department Of Social Services, Children'S Home Of Wyoming Conference, Wyoming Conference Of The United Methodist Church, The Upper New York Conference Of The United Methodist Church

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Case Info

Parties