Preview
FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
---------------------------------------------------------------------X Index No.: 001180/2020
R.C.,
Plaintiff, AFFIRMATION OF
JORDAN. K MERSON,
-against- ESQ. IN SUPPORT OF
AMENDED ORDER TO
ROMAN CATHOLIC DIOCESE OF SYRACUSE, THE SHOW CAUSE WITH
FRANCISCAN FRIARS CONVENTUAL OF OUR LADY TEMPORARY
OF THE ANGELS PROVINCE and ASSUMPTION RESTRAINING ORDER
CHURCH,
Defendants.
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JORDAN K. MERSON, ESQ., as an attorney duly licensed to practice law before the Courts in the
State of New York hereby affirms under the penalties of perjury, as follows:
1. I am an attorney of the law firm of MERSON LAW, PLLC, attorneys for the
plaintiff herein, and I am fully familiar with the above-captioned matter and the proceedings had herein
by virtue of the file maintained in our office.
2. Plaintiff submits this affirmation in support of Plaintiff’s application for an order
directing Plaintiff to proceed under and be referred to in all papers by the pseudonym “R.C.”.
3. Plaintiff is a man who was sexually abused as a child by an unidentified priest ("John
Doe") at and of Assumption Church, who was under the supervision of ROMAN CATHOLIC
DIOCESE OF SYRACUSE, THE FRANCISCAN FRIARS CONVENTUAL OF OUR LADY OF
THE ANGELS PROVINCE and ASSUMPTION CHURCH.
4. He currently seeks damages for physical and emotional injuries and injunctive
stemming from defendants’ negligence, and infliction of emotional distress. Plaintiff seeks to
prosecute his claim without publicly disclosing him identity as a victim of child sexual assault because
this matter is highly sensitive, he has already experienced significant pain, shock, shame and
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embarrassment due to the mental impact of the child sexual abuse that he endured, and it poses risk of
retaliatory harm to plaintiff.
5. New York courts recognize that individuals in a variety of contexts, such as those
involving sexual assault, sexual harassment, and drug use, have a strong interest in keeping their
identity out of publicly filed documents. In such cases, the individual's right to privacy must be
balanced against the rights of the opposing party and of the public at large. Civil Rights Law § 50-b
provides a limited right of privacy which permits plaintiffs' anonymity “where a substantial privacy
interest is involved”. See Doe v. New York Univ., 6 Misc. 3d 866, 880 (Sup. Ct. 2004). In Doe, the
court articulated the clear policy of this State by indicating that:
It has been noted that: “Upon approving the above legislation, on July 1, 1991, the New York
Governor, Mario M. Cuomo, stated in his Governor's Memorandum, as follows: . . . “ ‘[S]exual assault
victims have unfortunately had to endure a terrible invasion of their physical privacy. They have a
right to expect that this violation will not be compounded by a further invasion of their privacy. All
too often identifying the victim results in a public recounting of the details of the crime.’ “‘The release
of such identifying information does not serve the interest of justice. Indeed, it does a gross disservice
to both the victim and the public. Concerns pertaining to privacy sometimes result in a victim failing
to report a sexual offense. In its final report, the Governor's Task Force on Rape and Sexual Assault
documented that sexual offenses are vastly underreported. Undoubtedly, there is even less incentive
for a victim to report the sexual assault if his or her identity may become public.’ “‘Media accounts of
sexual offenses, including reports of the victim's identity, are not affected by the bill as the new right
of action only attaches to violations of section 50-b which, by its terms, applies solely to public
officials. While this bill is not designed to have an effect on the media, it will be an important safeguard
for the privacy of sexual offense victims’” (Deborah S. v Diorio, 153 Misc 2d at 718-719). (emphasis
added).
6. Some factors the courts might consider when determining whether plaintiff may maintain
action under pseudonym are: “(1) whether litigation involves matters that are highly sensitive and of
personal nature; (2) whether identification poses risk of retaliatory harm to party seeking to proceed
anonymously or even more critically, to innocent non-parties; (3) whether identification presents other
harms and likely severity of those harms; (4) whether plaintiff is particularly vulnerable to possible
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harms of disclosure; … (6) whether defendant is prejudiced by allowing plaintiff to press claims
anonymously; ...”. See Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008).
7. Applying these factors, it is clear that plaintiff should be permitted to proceed under a
pseudonym here. Plaintiff was a victim of numerous sexual assaults, which is a highly sensitive and
of personal nature. Plaintiff is not seeking to avoid mere embarrassment, but rather, to avoid social
stigmatization. It is well known that victims of sexual crimes are often not believed and have their
reputations are put into question, thus identification of the plaintiff poses a serious risk of retaliatory
harm to him. Additionally, defendant will not be prejudiced because plaintiff’s identity will be known
to them and their counsel, and thus they will be able to investigate and defend against his claim through
the standard means of discovery.
8. It also bears noting that allowing plaintiff to proceed under a pseudonym will not prejudice
the public's interest in open judicial proceedings. Plaintiff has not requested that all court filings be
sealed, nor that any measure be affected that would conceal from the public all of the facts underlying
this lawsuit, other than his identity. As such, plaintiff’s request to proceed anonymously strikes the
appropriate balance of preserving the plaintiff's privacy interests while allowing the public to know
the nature of this complaint against defendant.
9. In light of New York courts accepted practice of permitting individuals victims of sexual
offenses proceed anonymously, and the clear policy of the State of New York to protect the
confidentiality of that information, Plaintiff, through his attorney, respectfully request that he be
allowed the use of a pseudonym in this matter.
10. No previous application has been made for the relief requested herein.
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WHEREFORE, it is respectfully requested that the plaintiff’s Order to Show Cause be
granted in its entirety, together with such other relief as this Court deems just and proper.
Dated: New York, New York
June 3, 2020
MERSON LAW, PLLC
By: __________________________
Jordan K. Merson, Esq.
Attorney for Plaintiff
150 East 58 th
Street 34th Floor
New York, New York 10155
(212) 603-9100
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AFFIRM
FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020
AFFIRM
Index No. 001180 Year 2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
R.C.
Plaintiff,
- against -
ROMAN CATHOLIC DIOCESE OF SYRACUSE, THE
FRANCISCAN FRIARS CONVENTUAL OF OUR LADY
OF THE ANGELS PROVINCE and ASSUMPTION
CHURCH,
Defendants.
AMENDED ORDER TO SHOW CAUSE WITH TEMPORARY
RESTRAINING ORDER
Merson Law, PLLC.
Attorneys for Plaintiff
Office and Post Office Address, Telephone
150 East 58 th Street 34 th Fl.
New York, New York 10155
(212) 603-9100
To: All Parties
5 of 5
Preview
FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ---------------------------------------------------------------------X Index No.: 001180/2020 R.C., Plaintiff, AFFIRMATION OF JORDAN. K MERSON, -against- ESQ. IN SUPPORT OF AMENDED ORDER TO ROMAN CATHOLIC DIOCESE OF SYRACUSE, THE SHOW CAUSE WITH FRANCISCAN FRIARS CONVENTUAL OF OUR LADY TEMPORARY OF THE ANGELS PROVINCE and ASSUMPTION RESTRAINING ORDER CHURCH, Defendants. ---------------------------------------------------------------------X JORDAN K. MERSON, ESQ., as an attorney duly licensed to practice law before the Courts in the State of New York hereby affirms under the penalties of perjury, as follows: 1. I am an attorney of the law firm of MERSON LAW, PLLC, attorneys for the plaintiff herein, and I am fully familiar with the above-captioned matter and the proceedings had herein by virtue of the file maintained in our office. 2. Plaintiff submits this affirmation in support of Plaintiff’s application for an order directing Plaintiff to proceed under and be referred to in all papers by the pseudonym “R.C.”. 3. Plaintiff is a man who was sexually abused as a child by an unidentified priest ("John Doe") at and of Assumption Church, who was under the supervision of ROMAN CATHOLIC DIOCESE OF SYRACUSE, THE FRANCISCAN FRIARS CONVENTUAL OF OUR LADY OF THE ANGELS PROVINCE and ASSUMPTION CHURCH. 4. He currently seeks damages for physical and emotional injuries and injunctive stemming from defendants’ negligence, and infliction of emotional distress. Plaintiff seeks to prosecute his claim without publicly disclosing him identity as a victim of child sexual assault because this matter is highly sensitive, he has already experienced significant pain, shock, shame and 1 of 5 FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020 embarrassment due to the mental impact of the child sexual abuse that he endured, and it poses risk of retaliatory harm to plaintiff. 5. New York courts recognize that individuals in a variety of contexts, such as those involving sexual assault, sexual harassment, and drug use, have a strong interest in keeping their identity out of publicly filed documents. In such cases, the individual's right to privacy must be balanced against the rights of the opposing party and of the public at large. Civil Rights Law § 50-b provides a limited right of privacy which permits plaintiffs' anonymity “where a substantial privacy interest is involved”. See Doe v. New York Univ., 6 Misc. 3d 866, 880 (Sup. Ct. 2004). In Doe, the court articulated the clear policy of this State by indicating that: It has been noted that: “Upon approving the above legislation, on July 1, 1991, the New York Governor, Mario M. Cuomo, stated in his Governor's Memorandum, as follows: . . . “ ‘[S]exual assault victims have unfortunately had to endure a terrible invasion of their physical privacy. They have a right to expect that this violation will not be compounded by a further invasion of their privacy. All too often identifying the victim results in a public recounting of the details of the crime.’ “‘The release of such identifying information does not serve the interest of justice. Indeed, it does a gross disservice to both the victim and the public. Concerns pertaining to privacy sometimes result in a victim failing to report a sexual offense. In its final report, the Governor's Task Force on Rape and Sexual Assault documented that sexual offenses are vastly underreported. Undoubtedly, there is even less incentive for a victim to report the sexual assault if his or her identity may become public.’ “‘Media accounts of sexual offenses, including reports of the victim's identity, are not affected by the bill as the new right of action only attaches to violations of section 50-b which, by its terms, applies solely to public officials. While this bill is not designed to have an effect on the media, it will be an important safeguard for the privacy of sexual offense victims’” (Deborah S. v Diorio, 153 Misc 2d at 718-719). (emphasis added). 6. Some factors the courts might consider when determining whether plaintiff may maintain action under pseudonym are: “(1) whether litigation involves matters that are highly sensitive and of personal nature; (2) whether identification poses risk of retaliatory harm to party seeking to proceed anonymously or even more critically, to innocent non-parties; (3) whether identification presents other harms and likely severity of those harms; (4) whether plaintiff is particularly vulnerable to possible 2 of 5 FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020 harms of disclosure; … (6) whether defendant is prejudiced by allowing plaintiff to press claims anonymously; ...”. See Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008). 7. Applying these factors, it is clear that plaintiff should be permitted to proceed under a pseudonym here. Plaintiff was a victim of numerous sexual assaults, which is a highly sensitive and of personal nature. Plaintiff is not seeking to avoid mere embarrassment, but rather, to avoid social stigmatization. It is well known that victims of sexual crimes are often not believed and have their reputations are put into question, thus identification of the plaintiff poses a serious risk of retaliatory harm to him. Additionally, defendant will not be prejudiced because plaintiff’s identity will be known to them and their counsel, and thus they will be able to investigate and defend against his claim through the standard means of discovery. 8. It also bears noting that allowing plaintiff to proceed under a pseudonym will not prejudice the public's interest in open judicial proceedings. Plaintiff has not requested that all court filings be sealed, nor that any measure be affected that would conceal from the public all of the facts underlying this lawsuit, other than his identity. As such, plaintiff’s request to proceed anonymously strikes the appropriate balance of preserving the plaintiff's privacy interests while allowing the public to know the nature of this complaint against defendant. 9. In light of New York courts accepted practice of permitting individuals victims of sexual offenses proceed anonymously, and the clear policy of the State of New York to protect the confidentiality of that information, Plaintiff, through his attorney, respectfully request that he be allowed the use of a pseudonym in this matter. 10. No previous application has been made for the relief requested herein. 3 of 5 FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020 WHEREFORE, it is respectfully requested that the plaintiff’s Order to Show Cause be granted in its entirety, together with such other relief as this Court deems just and proper. Dated: New York, New York June 3, 2020 MERSON LAW, PLLC By: __________________________ Jordan K. Merson, Esq. Attorney for Plaintiff 150 East 58 th Street 34th Floor New York, New York 10155 (212) 603-9100 4 of 5 AFFIRM FILED: ONONDAGA COUNTY CLERK 06/03/2020 11:47 AM INDEX NO. 001180/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/03/2020 AFFIRM Index No. 001180 Year 2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA R.C. Plaintiff, - against - ROMAN CATHOLIC DIOCESE OF SYRACUSE, THE FRANCISCAN FRIARS CONVENTUAL OF OUR LADY OF THE ANGELS PROVINCE and ASSUMPTION CHURCH, Defendants. AMENDED ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER Merson Law, PLLC. Attorneys for Plaintiff Office and Post Office Address, Telephone 150 East 58 th Street 34 th Fl. New York, New York 10155 (212) 603-9100 To: All Parties 5 of 5