On November 23, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
The People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York,
and
Diocese Of Buffalo,
Edward B. Scharfenberger
In His Capacity As Apostolic Administrator For The Diocese Of Buffalo,
Edward M. Grosz,
Richard J. Malone,
for Torts - Other (Breach of Fiduciary Duty)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 11/23/2020 11:24 AM INDEX NO. 452354/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/23/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
THE PEOPLE OF THE STATE OF NEW YORK,
By LETITIA JAMES, Attorney General of the Index No.
State of New York,
Plaintiff,
NOTICE OF MOTION
-against-
DIOCESE OF BUFFALO, RICHARD J. MALONE,
EDWARD M. GROSZ, and EDWARD B.
SCHARFENBERGER, in his capacity as Apostolic
Administrator for the Diocese of Buffalo,
Defendants.
PLEASE TAKE NOTICE that upon the Memorandum of Law, dated November 23, 2020,
submitted herewith, and all prior papers and proceedings in this action, plaintiff the Attorney
General of the State of New York shall move, at the Motion Support Office Courtroom (Room
130) of the New York County Courthouse, 60 Centre Street, New York, New York 10007, on
December 10, 2020 at 9:30 a.m. or such other time as the Court deems proper, for an order to:
(i) convene a hearing, or such other process as the Court deems appropriate, to
determine whether the names of twenty-three priests discussed in the
Attorney General’s Complaint may be publicly disclosed in this context;
(ii) provide notice of the hearing or such process to any affected priest or
interested member of the public and require any person who objects to the
Attorney General’s proposed disclosure to come forward and identify why
a legal basis exists to prohibit such disclosure;
1 of 2
FILED: NEW YORK COUNTY CLERK 11/23/2020 11:24 AM INDEX NO. 452354/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/23/2020
(iii) issue an order upon completion of such hearing or process that authorizes
disclosure in this litigation of the name of any priest already identified by
the Diocese as credibly accused of abuse, including without limitation in
the Complaint, subsequent pleadings and proceedings; and
(iv) grant such other and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to Civil Practice Law and Rules 22 l 4(b),
answering affidavits if any must be served on the undersigned no later than the seventh day prior
to the date set for submission of this motion.
Dated: November 23, 2020
New York, New York
rities Bureau Chief
iberty Street
New York, New York 10005
Tel. (212) 416-8401
2
2 of 2
Document Filed Date
November 23, 2020
Case Filing Date
November 23, 2020
Category
Torts - Other (Breach of Fiduciary Duty)
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FILED: NEW YORK COUNTY CLERK 11/23/2020 11:24 AM INDEX NO. 452354/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK, By LETITIA JAMES, Attorney General of the Index No. State of New York, Plaintiff, NOTICE OF MOTION -against- DIOCESE OF BUFFALO, RICHARD J. MALONE, EDWARD M. GROSZ, and EDWARD B. SCHARFENBERGER, in his capacity as Apostolic Administrator for the Diocese of Buffalo, Defendants. PLEASE TAKE NOTICE that upon the Memorandum of Law, dated November 23, 2020, submitted herewith, and all prior papers and proceedings in this action, plaintiff the Attorney General of the State of New York shall move, at the Motion Support Office Courtroom (Room 130) of the New York County Courthouse, 60 Centre Street, New York, New York 10007, on December 10, 2020 at 9:30 a.m. or such other time as the Court deems proper, for an order to: (i) convene a hearing, or such other process as the Court deems appropriate, to determine whether the names of twenty-three priests discussed in the Attorney General’s Complaint may be publicly disclosed in this context; (ii) provide notice of the hearing or such process to any affected priest or interested member of the public and require any person who objects to the Attorney General’s proposed disclosure to come forward and identify why a legal basis exists to prohibit such disclosure; 1 of 2 FILED: NEW YORK COUNTY CLERK 11/23/2020 11:24 AM INDEX NO. 452354/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/23/2020 (iii) issue an order upon completion of such hearing or process that authorizes disclosure in this litigation of the name of any priest already identified by the Diocese as credibly accused of abuse, including without limitation in the Complaint, subsequent pleadings and proceedings; and (iv) grant such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to Civil Practice Law and Rules 22 l 4(b), answering affidavits if any must be served on the undersigned no later than the seventh day prior to the date set for submission of this motion. Dated: November 23, 2020 New York, New York rities Bureau Chief iberty Street New York, New York 10005 Tel. (212) 416-8401 2 2 of 2