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Decided on April 22, 2009
Supreme Court, Broome County

2008-0980
COUNSEL FOR PLAINTIFFS: BOND, SCHOENECK & KING, PLLC BY: JONATHAN B. FELLOWS, ESQ., OF COUSNEL ONE LINCOLN CENTER SYRACUSE, NY 13202-1355 COUNSEL FOR DEFENDANT CHURCH OF THE GOOD SHEPHERD: RAYMOND J. DAGUE, PLLC BY: RAYMOND J. DAGUE, ESQ. OF COUNSEL SUITE 620 EMPIRE BUILDING 472 SOUTH SALINA STREET SYRACUSE, NY 13202 COUNSEL FOR DEFENDANT ALLIANCE BANK, N.A.: COUGHLIN & GERHART, LLP BY: DAVID H. GUY, ESQ., OF COUNSEL 19 CHENANGO STREET BINGHAMTON, NY 13901 Ferris D. Lebous, J.
Defendant The Rector, Church Wardens, and Vestrymen of the Church of the Good Shepherd moves for an order: (1) dismissing the fourth cause of action involving a trust created pursuant to the Last Will and Testament of Robert A. Branan (hereinafter "Branan Trust"); (2) transferring this case to surrogate's court; and (3) striking the note of issue, plus costs and disbursements on the motion. Plaintiffs The Diocese of Central New York (hereinafter the "Diocese") and Christ Church cross-move for an order granting summary judgment on the fourth cause of action. Additionally, defendant The Rector, Church Wardens, and Vestrymen of the Church of the Good Shepherd (hereinafter "The Church of the Good Shepherd") submits an accounting to which the Diocese submits objections. Defendant Alliance Bank takes no position on either application. The court heard oral argument from counsel on March 20, 2009.
BACKGROUNDThe history of this matter need not be recited here, but is more fully set forth in the prior Decision & Order of this court dated January 8, 2009. Briefly, however, Good Shepherd existed as a parish church of the Diocese until 2007 when it chose to disaffiliate from the Protestant Episcopal Church in the United States of America (hereinafter "The Episcopal Church"). In this court's prior Decision & Order dated January 8, 2009, the court granted the Diocese's motion for summary judgment declaring it was entitled to immediate possession of all of Good Shepherd's real and personal property, as well as an accounting relating thereto and denied Good Shepherd's cross

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