First Presbyt. Church of Oakfield v Presbytery of Genesee Val. of Presbyt. Church (USA)
2008 NY Slip Op 08847 [56 AD3d 1188]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


First Presbyterian Church of Oakfield, Appellant, v Presbytery of Genesee Valley of the Presbyterian Church (USA) ("PC [USA]"), Respondent.

—[*1] Jacobowitz and Gubits, LLP, Walden (Donald G. Nichol of counsel), for plaintiff-appellant.

Harter Secrest & Emery LLP, Rochester (James C. Moore of counsel), Olver Korts LLP, Pittsford, for defendant-respondent.

Appeal from a judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered February 13, 2008 in an action to quiet title. The judgment, inter alia, granted the motion of defendant for summary judgment and declared that all property held by plaintiff is held for the use and benefit of defendant.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (see Episcopal Diocese of Rochester v Harnish, 11 NY3d 340 [2008]). Present—Scudder, P.J., Martoche, Lunn, Peradotto and Green, JJ.