Following brief arguments, state Supreme Court Justice Norman Siegel determined that a 10-year statute of limitations could not be extended and dismissed the $150 million lawsuit filed in May by John Zumpano against the Syracuse Roman Catholic Diocese and the Rev. James Quinn.

Although Siegel believed the lawsuit had merit, he said as a trial judge he did not have the authority to extend the time allowed for Zumpano to file it.

Zumpano, of New Hartford, has alleged that he was sexually abused by Quinn on an almost-daily basis from 1963 until 1970. Zumpano's attorney, Frank Policelli, argued that the abuse caused Zumpano such severe emotional and psychological problems that he was incapable of pursuing legal recourse or protecting his own legal rights.

"As a trial judge, I cannot make the law, I can only follow the law that exists, and as I read it the law is clear," said Siegel.

However, Siegel "encouraged" Policelli to take his decision to the state Appellate Court Division, which he said had the authority to overturn the law.

Policelli said he was not surprised by Siegel's ruling and would appeal it.

"It's such a novel, dynamic issue that it needs to be addressed by the appellate courts. No matter which way the judge ruled ... it was going to the appeals court," Policelli said.

According to his lawsuit, Zumpano claims he was sexually abused by Quinn while a student at St. Agnes Church's grammar school and Notre Dame High School, both in Utica. Zumpano accused diocese officials of showing "willful indifference and a reckless or intentional disregard" to the abuse and said they took no steps to investigate or stop it.

Quinn served as director of vocation promotion for the diocese and was in charge of enlisting and counseling young men for the priesthood. Although Quinn has denied the accusations, he has taken a voluntary leave from his recruiting job while the lawsuit is pending, although he is still permitted to celebrate Mass and perform other priestly duties.

Diocesan attorney Paul Hanrahan told Siegel Zumpano's lawsuit should be dismissed because it was not filed with the three-year statute of limitations. Even if Zumpano suffered from a mental disability, the statute of limitations would have expired 10 years after the last alleged offense, he said.

Although the facts of the case were not at issue Thursday, Hanrahan also raised questions about Zumpano's insanity claim, noting that he won a court judgment for more than $700,000 in 1985 in a product liability case in which he was seriously injured.

"He gave 353 pages of transcribed testimony ... that's how disabled he was," Hanrahan said outside the courtroom.

Hanrahan also said there were "major inconsistencies" in Zumpano's claims about his mental state between the 1985 case and the current lawsuit.

Policelli said Zumpano was guided through the 1985 case by co-workers and his mother, who is now dead.

Policelli hoped to persuade Siegel to hold a hearing on the statute of limitations question. He said two medical experts who examined Zumpano submitted affidavits to the court in which they conclusively linked Zumpano's ongoing mental health problems to the alleged abuse and to Zumpano's inability to protect his legal rights.

Other affidavits submitted by Policelli allege that Quinn forged Zumpano's mother's name on hospital records to conceal the physical and sexual abuse Zumpano suffered and that Zumpano frequently stayed overnight with Quinn at church and on trips.

Zumpano claimed Quinn would get him drunk and then abuse him. He said Quinn gave him money, jobs, a car and expensive trips to Hawaii and South America to silence him. When Zumpano tried to refuse Quinn's sexual advances, the clergyman roughed him up and forced him to continue, according to the lawsuit.

Policelli alleged that Quinn imposed his influence on every aspect of Zumpano's life, isolating him from his friends and family, causing him to be transferred to schools against his will, even buying and picking out the clothes he wore.

Zumpano attended Thursday's court session but waited outside the courtroom.

"It's been a struggle," he said, shaking noticeably and crying as he spoke with reporters.

"I just want them to take responsibility. I want him to apologize ... and acknowledge how much he hurt my family," Zumpano said.