NEW YORK
New York Newsday
BY RITA CIOLLI
STAFF WRITER
June 17, 2005
In a surprising ruling that breathes new life into the expired cases of clerical sex abuse victims in New York, the state's highest court yesterday agreed to decide whether the claims of sexual abuse victims from Brooklyn and Queens can go foward.
"This is an important and positive event for all those victims of sexual abuse at the hands of priests," said Michael Dowd, a Manhattan attorney who represents the plaintiffs.
The lawsuit, known as Boyle v. Smith, involves 43 men and women alleging abuse by 12 priests in the Diocese of Brooklyn, which includes Queens. It had been dismissed first by a trial court and again in February by the appellate division. The lower courts had refused to accept Dowd's argument that the state time limit for filing such claims should be disregarded because church officials allegedly "conspired to deceive and cover up" the behavior of predatory priests.
The Court of Appeals will hear the case this fall. It had earlier rejected two similar claims involving upstate dioceses.
Jonathan Uejio, who represents the Diocese of Brooklyn, said he was surprised by the ruling. "Obviously the diocese would like to see this put to rest," he said. Uejio noted that the decision only involves whether the victims can have their day in court and not on the issue of whether any abuse had occurred.
Separate multi-plaintiff lawsuits against the Diocese of Rockville Centre and the Archdiocese of New York have been on hold until the Court of Appeals decides the Brooklyn case.