Preview
FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554
NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024
Supreme Court of the State of New York
Appellate Division: Third Judicial Department
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
COREY J. MONETTE, on behalf of himself and all other members and Trustees of Living Hope Church, Inc. and/or Living Hope Church (the “Corporation”), and
in the right of the Corporation, SHANNON M. MONETTE, on behalf of herself and all other members of the Corporation, and in the right of the Corporation, DR.
FRANCIS M. PURDY, on behalf of himself and all other members of the Corporation, and in the right of the Corporation, LISA A. PURDY, on behalf of herself
and all other members of the Corporation, and in the right of the Corporation, CHAPLAIN GREGORY P. SALGADO, on behalf of himself and all other members
of the Corporation, and in the right of the Corporation, LAURA B. SALGADO, on behalf of herself and all other members of the Corporation, and in the right of
the Corporation, MICHELLE L. ZELLWEGER, on behalf of herself and all other members of the Corporation, and in the right of the Corporation, BRADY A.
MONETTE, on behalf of himself and all other members of the Corporation, and in the right of the Corporation, and PURDY GROUP LLC, Date Notice of Appeal Filed
- against -
NEW TESTAMENT CHURCH, GREG HURLBUT, individually and in his capacity as Trustee of New Testament Church, JUSTIN
CARDINAL, individually and in his capacity as a Pastor of New Testament Church, JUSTUS MARTIN, individually and in his For Appellate Division
capacity as a Trustee of the Corporation, EVERETT GENSER, individually and in his capacity as a Trustee of the Corporation,
ROBERT REYNOLDS, individually and in his capacity as a purported Trustee of the Corporation, JUSTIN STICKNEY, individually
and in his capacity as a purported Trustee of the Corporation, LIVING HOPE CHURCH, INC., and LIVING HOPE CHURCH,
Case Type Filing Type
" Civil Action " CPLR article 78 Proceeding " Appeal " Transferred Proceeding
" CPLR article 75 Arbitration " Special Proceeding Other " Original Proceedings " CPLR Article 78
" Habeas Corpus Proceeding " CPLR Article 78 " Executive Law § 298
" Eminent Domain " CPLR 5704 Review
" Labor Law 220 or 220-b
" Public Officers Law § 36
" Real Property Tax Law § 1278
Nature of Suit: Check up to three of the following categories which best reflect the nature of the case.
" Administrative Review " Business Relationships " Commercial " Contracts
" Declaratory Judgment " Domestic Relations " Election Law " Estate Matters
" Family Court " Mortgage Foreclosure " Miscellaneous " Prisoner Discipline & Parole
" Real Property " Statutory " Taxation " Torts
(other than foreclosure)
Informational Statement - Civil
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FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554
NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024
Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
" Amended Decree " Determination " Order " Resettled Order
" Amended Judgement " Finding " Order & Judgment " Ruling
" Amended Order " Interlocutory Decree " Partial Decree " Other (specify):
" Decision " Interlocutory Judgment " Resettled Decree
" Decree " Judgment " Resettled Judgment
Court: Supreme Court County: Franklin
Dated: 03/19/2024 Entered: 03/20/2024
Judge (name in full): John T. Ellis, J.S.C. Index No.: E2022-554
Stage: " Interlocutory " Final " Post-Final Trial: " Yes " No If Yes: " Jury " Non-Jury
Prior Unperfected Appeal and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? " Yes " No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: " Order to Show Cause " Notice of Petition " Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
Decision and Order of the Supreme Court, Franklin County (1) granting plaintiff's motion to compel discovery, but denying plaintiffs'
application for sanctions; (2) granting Defendant Living Hope Church's motion to dismiss/for summary judgment in part and denying the
same in part as to Plaintiffs' fraudulent inducement claim, and denying Defendant Living Hope Church's application for sanctions; and
(3) granting in part and denying in part Defendant New Testament Church's motion for summary judgment as against Defendant New
Testament Church and denying Defendant New Testament Church's application for sanctions
Informational Statement - Civil
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FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554
NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024
Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal.
(1) whether the Supreme Court, Franklin County, erred in granting Defendant New Testament Church's
motion for summary judgment dismissing Plaintiffs' claims against Defendant New Testament Church in
its entirety
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 COREY J. MONETTE Plaintiff Appellant
2 SHANNON M. MONETTE Plaintiff Appellant
3 DR. FRANCIS M. PURDY Plaintiff Appellant
4 LISA A. PURDY Plaintiff Appellant
5 CHAPLAIN GREGORY P. SALGADO Plaintiff Appellant
6 LAURA B. SALGADO Plaintiff Appellant
7 MICHELLE L. ZELLWEGER Plaintiff Appellant
8 BRADY A. MONETTE Plaintiff Appellant
9 PURDY GROUP LLC Plaintiff Appellant
10 NEW TESTAMENT CHURCH Defendant Respondent
11 GREG HURLBUT Defendant Respondent
12 JUSTIN CARDINAL Defendant Respondent
13 JUSTUS MARTIN Defendant
14 EVERETT GENSER Defendant
15 ROBERT REYNOLDS Defendant
16 JUSTIN STICKNEY Defendant
17 LIVING HOPE CHURCH, INC. Defendant
18 LIVING HOPE CHURCH Defendant
19
20
Informational Statement - Civil
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FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554
NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024
Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: Jon E. Crain, Esq., Anna V. Seitelman, Esq.; Anthony R. Bjelke, Esq./Whiteman Osterman & Hanna LLP
Address: One Commerce Plaza
City: Albany State: NY Zip: 12260 Telephone No: 518-487-7600
E-mail Address: jcrain@woh.com; aseitelman@woh.com; abjelke@woh.com
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 1, 2, 3, 4, 5, 6, 7, 8, 9
Attorney/Firm Name: Dominick J. Brignola, Esq./Kriss, Kriss & Brignola, LLP
Address: 10 Maple Forest Drive
City: Ballston Lake State: NY Zip: 12019 Telephone No: 518-449-2037
E-mail Address: dbrignola@krisslaw.com
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 10, 11, 12
Attorney/Firm Name: Justus Martin
Address: 697 County Route 6
City: Moira State: NY Zip: 12957 Telephone No:
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 13
Attorney/Firm Name: Raymond J. Dague, Esq./Dague & Martin, P.C.
Address: 4874 Onondaga Road
City: Syracuse State: NY Zip: 13215 Telephone No: 315-422-2052
E-mail Address: rjdague@daguelaw.com
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 14, 15, 16, 17, 18
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Informational Statement - Civil
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Preview
FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024 Supreme Court of the State of New York Appellate Division: Third Judicial Department Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. COREY J. MONETTE, on behalf of himself and all other members and Trustees of Living Hope Church, Inc. and/or Living Hope Church (the “Corporation”), and in the right of the Corporation, SHANNON M. MONETTE, on behalf of herself and all other members of the Corporation, and in the right of the Corporation, DR. FRANCIS M. PURDY, on behalf of himself and all other members of the Corporation, and in the right of the Corporation, LISA A. PURDY, on behalf of herself and all other members of the Corporation, and in the right of the Corporation, CHAPLAIN GREGORY P. SALGADO, on behalf of himself and all other members of the Corporation, and in the right of the Corporation, LAURA B. SALGADO, on behalf of herself and all other members of the Corporation, and in the right of the Corporation, MICHELLE L. ZELLWEGER, on behalf of herself and all other members of the Corporation, and in the right of the Corporation, BRADY A. MONETTE, on behalf of himself and all other members of the Corporation, and in the right of the Corporation, and PURDY GROUP LLC, Date Notice of Appeal Filed - against - NEW TESTAMENT CHURCH, GREG HURLBUT, individually and in his capacity as Trustee of New Testament Church, JUSTIN CARDINAL, individually and in his capacity as a Pastor of New Testament Church, JUSTUS MARTIN, individually and in his For Appellate Division capacity as a Trustee of the Corporation, EVERETT GENSER, individually and in his capacity as a Trustee of the Corporation, ROBERT REYNOLDS, individually and in his capacity as a purported Trustee of the Corporation, JUSTIN STICKNEY, individually and in his capacity as a purported Trustee of the Corporation, LIVING HOPE CHURCH, INC., and LIVING HOPE CHURCH, Case Type Filing Type " Civil Action " CPLR article 78 Proceeding " Appeal " Transferred Proceeding " CPLR article 75 Arbitration " Special Proceeding Other " Original Proceedings " CPLR Article 78 " Habeas Corpus Proceeding " CPLR Article 78 " Executive Law § 298 " Eminent Domain " CPLR 5704 Review " Labor Law 220 or 220-b " Public Officers Law § 36 " Real Property Tax Law § 1278 Nature of Suit: Check up to three of the following categories which best reflect the nature of the case. " Administrative Review " Business Relationships " Commercial " Contracts " Declaratory Judgment " Domestic Relations " Election Law " Estate Matters " Family Court " Mortgage Foreclosure " Miscellaneous " Prisoner Discipline & Parole " Real Property " Statutory " Taxation " Torts (other than foreclosure) Informational Statement - Civil 1 of 4 FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. " Amended Decree " Determination " Order " Resettled Order " Amended Judgement " Finding " Order & Judgment " Ruling " Amended Order " Interlocutory Decree " Partial Decree " Other (specify): " Decision " Interlocutory Judgment " Resettled Decree " Decree " Judgment " Resettled Judgment Court: Supreme Court County: Franklin Dated: 03/19/2024 Entered: 03/20/2024 Judge (name in full): John T. Ellis, J.S.C. Index No.: E2022-554 Stage: " Interlocutory " Final " Post-Final Trial: " Yes " No If Yes: " Jury " Non-Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? " Yes " No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: " Order to Show Cause " Notice of Petition " Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: Choose Court County: Choose County Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: Choose Court County: Choose County Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Decision and Order of the Supreme Court, Franklin County (1) granting plaintiff's motion to compel discovery, but denying plaintiffs' application for sanctions; (2) granting Defendant Living Hope Church's motion to dismiss/for summary judgment in part and denying the same in part as to Plaintiffs' fraudulent inducement claim, and denying Defendant Living Hope Church's application for sanctions; and (3) granting in part and denying in part Defendant New Testament Church's motion for summary judgment as against Defendant New Testament Church and denying Defendant New Testament Church's application for sanctions Informational Statement - Civil 2 of 4 FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal. (1) whether the Supreme Court, Franklin County, erred in granting Defendant New Testament Church's motion for summary judgment dismissing Plaintiffs' claims against Defendant New Testament Church in its entirety Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 COREY J. MONETTE Plaintiff Appellant 2 SHANNON M. MONETTE Plaintiff Appellant 3 DR. FRANCIS M. PURDY Plaintiff Appellant 4 LISA A. PURDY Plaintiff Appellant 5 CHAPLAIN GREGORY P. SALGADO Plaintiff Appellant 6 LAURA B. SALGADO Plaintiff Appellant 7 MICHELLE L. ZELLWEGER Plaintiff Appellant 8 BRADY A. MONETTE Plaintiff Appellant 9 PURDY GROUP LLC Plaintiff Appellant 10 NEW TESTAMENT CHURCH Defendant Respondent 11 GREG HURLBUT Defendant Respondent 12 JUSTIN CARDINAL Defendant Respondent 13 JUSTUS MARTIN Defendant 14 EVERETT GENSER Defendant 15 ROBERT REYNOLDS Defendant 16 JUSTIN STICKNEY Defendant 17 LIVING HOPE CHURCH, INC. Defendant 18 LIVING HOPE CHURCH Defendant 19 20 Informational Statement - Civil 3 of 4 FILED: FRANKLIN COUNTY CLERK 04/24/2024 04:16 PM INDEX NO. E2022-554 NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 04/24/2024 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Jon E. Crain, Esq., Anna V. Seitelman, Esq.; Anthony R. Bjelke, Esq./Whiteman Osterman & Hanna LLP Address: One Commerce Plaza City: Albany State: NY Zip: 12260 Telephone No: 518-487-7600 E-mail Address: jcrain@woh.com; aseitelman@woh.com; abjelke@woh.com Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 1, 2, 3, 4, 5, 6, 7, 8, 9 Attorney/Firm Name: Dominick J. Brignola, Esq./Kriss, Kriss & Brignola, LLP Address: 10 Maple Forest Drive City: Ballston Lake State: NY Zip: 12019 Telephone No: 518-449-2037 E-mail Address: dbrignola@krisslaw.com Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 10, 11, 12 Attorney/Firm Name: Justus Martin Address: 697 County Route 6 City: Moira State: NY Zip: 12957 Telephone No: E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 13 Attorney/Firm Name: Raymond J. Dague, Esq./Dague & Martin, P.C. Address: 4874 Onondaga Road City: Syracuse State: NY Zip: 13215 Telephone No: 315-422-2052 E-mail Address: rjdague@daguelaw.com Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 14, 15, 16, 17, 18 Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Informational Statement - Civil 4 of 4