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Why Year-long Extension of Child Victims Act Won't Apply to Diocese of Rochester

By Jane Flasch
WHAM 13
August 3, 2020

https://13wham.com/news/local/cuomo-signs-law-extending-child-victims-act-filing-deadline-to-aug-2021

(WHAM) - Governor Andrew Cuomo signed a bill into law Monday, extending the deadline for people to file claims against alleged abusers under the Child Victims Act until August 14, 2021.

The deadline was previously set to expire on August 13, 2020.

Attorneys say the extension will not apply to anyone suing the Rochester Catholic Diocese.

"The bankruptcy judge ruled just last week the deadline remains August 13 of this summer," said Attorney Steve Boyd, who represents clients suing the diocese.

The Rochester Diocese is an exception, in part, because it filed for bankruptcy last year. CVA lawsuits are handled by a federal bankruptcy judge - along with all other creditors making claims. A ruling by the judge last weeks makes the diocese here the one exception to the extension.

The Child Victims Act provides a one-year window for survivors of abuse to file claims, regardless of when the statute of limitations may have expired. On the first day - nearly one year ago - 38 lawsuits were filed in Monroe County. Attorneys say, to date, there are at least 225 naming the Rochester Catholic Diocese.

Those victims are grouped together, their cases moved to federal court when the diocese filed for bankruptcy. That makes them different than other cases which are being handled in state courts.

Last week, when it became clear state lawmakers had approved an extension that was simply awaiting the governor's signature, the judge handling the bankruptcy ruled there will not be an extension of the original deadline expiring 10 days from now.

"He knew all the issues when he decided this. It's my view he's not going to change his mind now, because he just ruled on it," Boyd said.

"There are no more lawsuits against the diocese for abuse," he added.

Boyd said having a case remain open for a full year for others to join is an unusually long amount of time for a bankruptcy case. The judge allowed for that because of the original CVA law's deadline.

Victims will still be able to sue individuals, parishes, schools and camps run by the diocese - where alleged abuse occurred. That deadline is August 13, 2021.

The legal actions will be separate from the cases in the bankruptcy, however they're likely to influence each other because any payout that is ordered for victims may come from insurance carried by the diocese.

"Insurance companies want to know the full universe of cases before they begin to settle cases," said Boyd, "and that means it's very likely none of the cases will settle for at least another year."

He said it will take that long - at least - for the CVA claims attached to the bankruptcy to be legally vetted.

Unless the federal judge changes his ruling, lawsuits naming the Rochester Catholic Diocese must be filed by August 13, 2020.

Cuomo had originally extended the law to January 14, 2021, by executive order in May - citing the coronavirus pandemic. The New York State Legislature approved the bill extending the deadline further a few weeks later.

"The Child Victims Act brought a long-needed pathway to justice for people who were abused, and helps right wrongs that went unacknowledged and unpunished for far too long, and we cannot let this pandemic limit the ability for survivors to have their day in court," Governor Cuomo said. "As New York continues to reopen and recover from a public health crisis, extending the look-back window is the right thing to do and will help ensure that abusers and those who enabled them are held accountable."

According to State Senator Brad Hoylman (D, 27), more than 3,000 survivors have filed claims since the window opened in August 2019.

 

 

 

 

 




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