STATE OF NEW YORK, COUNTY OF MONRO — SLEREIME COURT TEEFRTTY MARS, MARK FURNISH, JOHN DOE 45, YOUN DOE 47, IOHN DOE 57, JOHN DOT 58, TON DOR $9, anal JOHN DOE 68, AMENDED Plait, canine Taidex No, TSI ‘TIE DIOCESE OF ROCHESTER and ROBERT. O'NELLL., Defendants lint, by ther aétemeys, for thelr complsial, allege as fol ows: PARTIE! 1. Plaindff Joffrey Mars is an adull male who ie w msitent of the State of Hleti, Plait’ Mats was a wr al the tine of the sexual abuse alleged herein, which ecusried jn anprocimately 1977 or 1978, 2, Pisin Make Fue an ad male who it resident of the State af New York Plant Fucnis vas 9 win a the: fine of the soil abuse alleged Gee, whi began ia appeoxicntely 1983, 3. PlsnifJehn Doe 4 i an adult male wha ita veident of th Ste of Flr and whose entity bns been made known tn Defandants by separate waver fetter, Plant tohn Dae 45 ‘weil a minor of the Hime oF the secu abuse alloyed hercin, whi occurred in apprxinuately th water of 1997 4 Msiifohn Shoe 47 is mail wale hoi ated of the State of News Yorke aad ‘woos dea has bn made Known to Defendants by seperate sover letter. Plein ohn Doe 47 ‘88s wibor i he tine of he sex abuse alleged herein, which occured in appromatly che semen of 1978 o* 1978, Plant Jon Doe Si an adult male who ea vsitent ofthe State of New Yoel and ‘whose iden sade know te Defendants by seprat-cove ater. Pini tha Doo 87 way a nina atthe ime of the semua ahuse allege hoc, which cecare in appcoxianty he miner of 1985 © Phin Jeti Ths 58s an aut mle who is a eden ofthe St of ew Von and ‘ose identity mce navn fo Dele by sepanto cove liter. Plan ok Doe $8 vasa rin atthe ime ofthe sexual abuse alles rea, whch occured in approxiniely Y960 or 19 7 hintiYotw oe'59 isan adn ke whois a sesdoat of he Stet New York and ‘howe idontiy is made known to Defendants ly acparate cover letter. Plaintiff loin Dina $9 wasn amino atthe time of The geauat abuse alleged herein, which cccanred in agymoximtely the summer of Ww 8. Phin Jn Doe 60s ana male who is a resdant ofthe Sate of Hews and ‘shore dautty i made mow ta Defendants by seperate cover Weer, PleitPYohn Doe 60 wae a ‘igor a the tine of the seul bus alleged hein, which occured iv approsieatelp the inter of wn. 9. tallies mate othe complaint, Trofezdant Diocese of Rochester (eciator “Dslocese”), ws and continucs to be a nem-prot cetigious corporation, amerized to eandact business avd conducting business under the lave ol the State af New York, with its principle pase of hoviness at 1/50 Balan Road, Rochester, New: York, 14524- ‘8, 10, Atal! times mari! to de comply, Dofeadant Pater Rohert F. O°Nail (bereinater “O'Ne!I”) was a Rowse thole priest under te dicect superviion, omplay and ccutrol of Deferdont Diocese, Doferilont O*Neil was an adnlt atthe Lime ofthe semual abuse aVoged kerein Defeodant O'Nell's conduct, as alleged hereinwfes, was undertaken whit ia the caiese and scape of his employment with Defeidant Diocese, Dafendant O'Neill was ordained in 1962. HACIS IE Atall times material to the complsiat, Defendant O'Neill was an ofdained Keman. Carbo pies serving al, or ae, St, Bewilnce Chuncl nor St.John the Evangelist, bath focated jn Moreae Conny, New York, and hath peated in Defendant Diooase, Defendant O'Nells dates postions included providing pstoral eae, eamnscic Roman Catholics and providing “spiritual guidance cud lewlkeship to his paisionrs, fachicing providing for dhe spiituad and motional nce of, en rlisions instruction for, youth carustd to his ace, 12, Oninfornation and bog Detecdam Diocese maved Delendant "Nelli a ate to conceal the abuse by Defendant O'Neil and to induce Pant (o no erie we Yea cea, 16a cet of report, complaints andor suspicions that he-was a child abuser. HACIS APPL LUO UUIEREY MARS 13, Plait Moc was ren a devout Rome Cte are, snd run elsbad ss, roeive tho veenarerts and paisa in chelsea nets, Malis, chert, developed great sdmisstiou, trust, ovorenes ane rexpoct forthe Kaman Cathofio Chueh andi agen enema 3 14, Plajaif? Mars caine fo kanse Defendant O°Neil ws hit priest, counselor and spdital avier through Deftadant O'Nail’s cuployawat with Defendant Diocese. Maint? Mars cane to eno, adr, test, evere, abd respect Detenéan. O'Wetl ay x person of great inunoe and persuasion a8 holy mawrand authority gure, Defizday O'Neil would often take asia prep of Doysup to is comage house to sty over. 15. lnappcoxinely 1977 oF 1973, when Pind’ Mass. was approaimalely 1 yea ol Defeniat O'Net, wing his poston of aahoriy, bn, reversnew. and enzo a¢ woman Cthoke prs, engaged in unpermitted and wari szasel coutact upon the person of Psi’ Mars during aan overnight cuting enganived by Defeadaat O'Neil. Pri to che abuse, Defendant O'Neil frond Pail Mac, octing na caring, loving and Gleudly canter toward hin, Mtr the abuse aes afer Phe Ph rs refs aed ay tre ovenil wi Defendan Ne he gneve and oxtrcizo? Pani Mars : 16, In approximately Maveh o- Apel oF 2002 Plintif Mos repte is dws ‘sfnnt Digcese, Sy tat ong etadormaton at bli ou mare viet oF ONE ad came fbewand and wade a Snilar repo of sbuse by O'NGll to Defendant Bigccse, Howsver, when Daf Mas ask about aleations a ebuse conceceing O'Neil Defendan Diocese told Pine ‘Mara that he was the frst potson to came forsenrd and Plait Mars ably vtied on such aerepeention this ete. Ax the dine ofits nésrepreention, Defendant Diocese bnew or shot have know tht prior algatons of shat concerning Defias "Neil had been reported twit 1 "Thesenul expication and te cteumstances under which ocoumed cause lin? ‘Mars te develop various ps cbslogical coping rechaiss, including slblame, denial, pression at sasvacion frm bis expsinoss. Bonmuwe of theo ytiokgial ping mechani, Pail Ma was unble co potesive or know the existenos or antre of his pave aad emotional injwies and thee couection to Me senna expeioion penprated upon hin by Defednt ONG isnt Mins therefore, experizwval delayed dicmvery of his nes ae canes relations to these exploitation, and di no awn or have season to ow that he was Sire o tha bis injrios were conse by the sexual expotation 18, ‘tho wpplicabe saiutes of imitations were tolled bocause Defendants’ couduct placed Plsiauft Mars under duvest. Specificity, Defeudant O°Neil led Plaingf Mass to beliove thet he hag ict ahenevelont and truspwotthy mle, who care! abou! him. Thefendant O° Neil's sexual advances placa! Flint Mins under powexto paychotogleal dames in thit chese advances cansed Plantae “Vacs to boiove that ha has to cyaige in the aofiviey o lose tae aftntion, eating andl cazefort fat Jpefendant O*Nell otherwise prpented to give him, Dofendaet O'Neil?’s conduct aio cansed ignites to experionce great ons whit in tr p'aced bm under Rtherdazess. Adiiosalls ‘pefondant O'Nulfs geal misconduct, aud Defendant Dincese'seonveslment anor reckless arog of sacs miscontoct, placed Phintf Mars under consinsing duress in tas they eansed iste teeve dst be had no right or reson te compli orto tok legal aston about, Pi acs contnsed to be under this duos wl Paint Mars eared that another vitin of O'Neil toi come forsocd, Psi iow” complaints freon aso eact of the Defendants 19, Soefeudant O*NIIPs conduc as describe shove misrepresent and concealed snail cts coneving i celationship wah and rice ining o Pan rs, Zaps, ‘ovens O"Neth presented himself sw benetcent, caving adult mle whose intention ws to hep Frofntift Mars, when in Lact thee relationship was tobe one of sexual exploitation, Twsther ‘Defendant O'Neil voted with the intent that such conduct by acted upon by Plaintiff Mars and ‘pdthont knowledge of he real frets, Phill Mars tolied upon Detondant O'Neil’s eandact, without ncwladge ofthe real fet, to bis detriment, Plaintiff Man: as, a8 a result, unaware that hs sem base by Defecdant "Nail hull caused his injuries. Fartieren Defendant O’Neill's contiming cconcealimonl-of his sowual misconduct, the fear the conduct caused Plaintiff Miva oad Dofindaut LDinccee’sfise salements, intentional ooaceninen audvor neulgent andor veckless fine “0 preven cto Plott Mars or discover Defendant O'Neil’s continuing acts of seal miseundicr, els yes jm discovering or sing upon the wrasga done wo him. Defendanis ace therefore eguably estopped from taserting the starute of initations i this action. 2p, Awa dicoct renult ofthis sownal contact, Paint Mars ha suffered ra contin bo ‘saffor eneat prin of tind and hey, shosk cavotonal sess, enbariasment, lose of selbestcrn, ingrae, bustin and loss ofcijoyment of i. as prevented al will ontiaue to be prevent som pstomning i nce daly actos ned btaiing te il enoyrentof if. hus austin tes af cmning capacity aad us nerd and will comfnge to Hesur expenses for vedic end prvchologial reamnent, therapy tnd counseling. ‘Tho ameunt of plaitis damage wil be filly acer’ tal FACTS APPLICABLE LO MARC FORNISU lst Punish was tased in a devout orsan Catholsfily and sored a an alter soy, relay elensted mass tezelvol the stamens and participated in chureh-eloed atts Pins Funinh, therefore, develaped groat adwiaton, st evarence end expo ar the Roman aati Cc adits agents 22, Pisin’ Rarish eame to brow Deefenrary.°Nef as his priest, counselor and goin] adviser through Defendant O*Neill’s employment and association with Defendant Diocese. Plaiaiif Fomish came to know, aduaire, ust, rovere, and sespect Deferdant O'Neill as a person of ureat ineesee and persnasion a oly mun and autos figure 23. Th approximately 1983, when Plein? Furnish wan anproxinatay 12 years old Defendant O'Neil, sing his position of ruthoriy, rus, reverenas, and control asa Roman Cathal ries, frst engaged in uopecmited anal burl sexual vontict upon the persin of the Plintt Muri doing an overnight outing ccuanzed by Deindart O'Well. Detendant O7NSE cnn to sbase Point Femi on epproxialely for more occasions om approxintely 1980-1386 Dauag.she perils of abuso Deleaent O-Nell would prewide Pani with elcobal, Yor othe suse, Delendan O'Neil beftnded Plt Furs, ssing na caring loving un cody manner owen Plaintiff Fish, 24, Aftorthe abun i fort to wongty goncea and inkuce Pani ish nat v9 cater ake eal ation, Pofacant "Nell wr rnd Psi Furth nocell angen abot he aus because it would ceate problems. Delemfvet.O'Neil also ward Plot Fuca thot ihe were tote he onl be ube tego to he eakin aymere. 25," Dafondont O'Neil has snuteine€ contac! ane) contol over Pini? Funich tiroughovt the years and bos spclcen with Plan Furi is recently as within th lst yea: Specifically, toring hee Lefeadane O'Neil would go ont 0 dite ta Pati Frsish, ond btn Chisinas cords and ask him 1 yo on outings ith bi-—PlinffRamish went on one auc ‘ula sith Defendant Nel ox recendly s approximstely December'of 1991, Defeadant O'Neil vwoeld eve tl Pisin Purvis that be hd ace hon i his will. Eloweves, aller making this satement, Defentanl ONeill world als tell Plainif Furnigh th: people who erussed hitn would be pusucanocur 3 reowed from his al 26, “the sexual exploitation and the circoruaancesunmler wih i cscaned conse Mati! Turnish in develop various payctilogical coping mechanisms, inchuting selblarag, dona repress sand sfsassocntion from his experonoes, Bees of these py slogical coping -necbat 2s, Pint Furnish was unable to perceive or know the esisonce ar ratire n*his psychological and emotional injuries and their counsction to the sexual explaltation perpet ‘upon him by Defendant O*Neil ‘Pisinti' Furnish therefore, experienced delaged discovery of bis injuries an their eau relationship fo the sexuaf explcition, and did uot know or have season to know that he wad injured or tt his injuries were camaed by the seaual exploitation, 27, “The applicable stuzute oflanitations was talled becanse Defendants’ souduct paved Plaiuiff Furnish under duress, Spociicaly, DeCertam Oval ald PaintifE Furnish not ¢o lll wryone bout lie abase, This onder oan Phin Feesh 0 expaone great a, whch n tom placed in undirdurss, Defendant O'Neil lc lel ei Torah to blo ‘hac meta beneoten: sn emo male, sto caret shout hie Delindant O'Nall's sesutlnlveacesolced Pai Fumish vader power ul ayo duress in the those advances caused Pani to bebeve hat tbe had ta engage in th activity or lose dh ateution, cating ant comfort thal Defeat O'Neil termite purported to giv him. Furdermoce, Defendant Nels sexu miscondect and nets, sin slr Wiese’ concenent endo recles iran of uch asconduct, placed Msiatit Fonsh under couion tng cross in that they caked Plain Furnish cy bellave that he had ra sight fr tessa lo complain orto take legat action, Plaid Euvnish evicted to Be unde this dors wi ‘Fis Wurnish learned th. another vietin of Defendant O° Neil's hal come forward, Maint Fumish’s complain! thorefoce timely a8 to each of the Defendaats, susnnsconcanty + 28 Defendsct O'Neil's condoot ee desatbed above risepeesental and concested snatetinlIhts conceting his relationship with aud snives in relating to DlsinG? Fortish, Ta pert, Dcfendent O°Nel rescission, eargndhltma‘e who ite was te bep sini tunis, wisn in fot thes relationship ws be one of econ exper. Fuses, Defandarit 0° acted with te intent tht such conduct be ated ug by Pn Puss aod without Kaowedge ofthe real facts, lini Furish relied upon Dsfondant O'Neil’ emo thou keptedge of tho real fol (uhisdetrinen. Pini Penisa was, ares unmet he soul abase by Defendant "Nall had caused Vis jis. Fusthenuore, Defendant O-Nail's continuing concealer. his sem misconduct and Lis threats on al and Defeat Doces's intention conccalmonr of nclor negligent andor reckless lune prevent or davover Defanda ONG 1 comtning acts of sexual isconds, als prevent Pt Fuss Crm discovering o suing upon the wrongs doue to itn, Dofeudaass ave thereloneeitbly estoppel ftom associ te stat of Hav otis action, 29, As vest reo his semua ona, Paint Hornish hus feed an continue to sir geet pin of mind nod body, stock, ewotioual distess, enbarrssment, Ios of salFes.cm, Aisa. humilnion and oss of enjoyment of i, wes preveniee wad wf continue tobe prevented Horm perfonuing hs nonma dit actives ane obting the ft enjoyment of Hs has sustained lose of excing capacity end may incur expenses fox cal and payehningial treatment, teopy and counseling. ‘The amount of plnif's damages wil be filly wscertaed at rid EL. BACTS APPL! TO JOHN DOE A 30, Plaintiff Jolin Doe 45 was mised iv a devnot Reman Catholis amily an eerved as an alter boy, rouulady celebrated miu, received the sacraments sd purticizated fa churet-related stition, Plainlilf John Dow 45, thorefive, developed great eduiestioa, ual, everence and respect for the Kozan Catbuie Church and its agerts 31. Plrictif Hot Doe 45 name to now Defendant Oil ashi puis, counelar and spoil adie, trough Defendant Neil's enpoyinen| and ascocstion with Defendant Diocese, siti ohn Doo 4S came to now, aig, tot, rovero, nd espc, elena O"Nell as parson ‘great inluence ad permuaion ass holy mau and aathoriy igre 32, Ta approximately 1977, when Pani Jon Daas 48 was approcastely 16 yeas od, Defendant Nel, usig bis poston oF wut, st, roverene, aca aa Roman Cac lest, engaged in unpenvitted aad harmful sexual coptacttipan the persan oC the Pint John Dos 48 doring an overnight oating organize by Dafoadant O'Neill, Proe a the abuse, Fefonare O’Neid bettionded Plainit-Fohn Doe 45, acing in a eating, loving and lhensy manner toward Paint. 33. On of about Lune 2091, Plaintiff Jo3n Doo reported is abose to Defendant Ties, On informatien and ble, at the time when Pisa made Wis report, one oc moe itis hua previcisy nm forward and made a siniar rept of suas xgsnet Defendant O' el to Dende Diocese, However, when Phin’ Tohn Doo 4 sskod about allgathns of alse cnoetring O'Neil DelenantDiooess tld Plint-FTebn Doe 4 th hens the rst prconte come forward ad Psi Jobn Doe 45 seasoned on such mistepresentiion tis dlcmen. At ‘ho fins of is misepiesonaion, Defendant Dioosse knew oF shoul ave known thet seor <Begtions of suse conceruing Defendant (Neil had ben pore to 3H. Tho sso emlittion and che creunstanees under wich ooeured sed Pit John Doe 45 to develop various pagehsioygesl caping morkanisus, incding selE-bame, deat, s.stoonceKe 4