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ALLSTATE INS. CO. v. OLES

CV 92-0247 (ADS).

838 F.Supp. 46 (1993)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Stanley J. OLES, Jr., Anthony Monti and Aleksandra Monti, individually and as parents with legal custody of Michelle Monti, an infant; Margaret Bachteler and Richard P. Bachteler, individually and as parents with legal custody of Janice M. Bachteler, an infant; Sally Johnson and Richard A. Johnson, individually and as parents with legal custody of Eric Johnson, an infant; Maryann Kulier, individually and as parent with legal custody of Timothy Kulier, an infant; Roman Musinski and Danuta Musinski, individually and as parents with legal custody of David Joseph Musinski, an infant; Chester Marcin and Susan Marcin, individually and as parents with legal custody of Diane Marcin, an infant; John Connolly and Susan Connolly, individually and as parents with legal custody of Shannon Connolly, an infant; Eugene McMahon and Mary McMahon, individually and as parents with legal custody of Heather Patricia McMahon, an infant; John Joseph Mulder, Jr. and Andrea Mulder, individually and as parents with legal custody of Catherine Laurie Mulder, an infant; Russell Brousseau and Diane Brousseau, individually and as parents with legal custody of Matthew Andrew Brousseau, an infant; Richard Pfaender and Lorraine Pfaender, individually and as parents with legal custody of Kimberly Ann Pfaender, an infant; Joseph Visconti and Bernadette Visconti, individually and as parents with legal custody of Andrew Visconti, an infant; Frank E. Patricolo and Georgette Patricolo, individually and as parents with legal custody of Michael Thomas Patricolo, an infant; William Damian Delaney, Sr. and Lorraine Josephine Delaney, individually and as parents with legal custody of William Damian Delaney, Jr., an infant; Rajan Abraham and Ann Abraham, individually and as parents with legal custody of Koshy Abraham, an infant; Harry Single Jr. and Susan Single, individually and as parents with legal custody of Brian Thomas Single, an infant; Allan Goodwin and Lois Goodwin, individually and as parents with legal custody of Tara Beth Goodwin and Kimberly Marie Goodwin, infants; Harran Transportation Company, Inc., Harran Transport School Bus Company, Hicksville Union Free School District, Diocese of Rockville Center/St. Ignatius Loyola Roman Catholic Church, Jerry Spiegel, and Jerry Spiegel Associates, Inc., Defendants.

United States District Court, E.D. New York.

November 13, 1993.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City, by Joseph L. Forstadt, Tania B. Isenstein, for plaintiff.

Brancato, Brancato & Brancato, Garden City, NY by Joseph A. Brancato, for Stanley J. Oles, Jr.

Paul Burlant, Mineola, NY by Nancy Cicio, for Kulier, Bachteler, and Johnson.

Johnson, Tanner, Brecher, Feit & Heller, P.C., New York City by Jeffrey A. Manheimer, for Monti.

Charles F. Brennan, Rockville Centre, NY, for Musinski, Marcin, Connolly, McMahon, Mulder, Brousseau, Pfaender, Visconti, Patricolo, Delaney, Abraham, Single, and Goodwin.

Rivkin, Radler & Kremer, Uniondale, NY by James P. Nunemaker, for Harran Transport Co.

Martin, Clearwater & Bell, New York City by John Lyddane, for defendant Harran Transport Co.

Weber & Singer, Melville, NY by Keith Archer, for defendant Harran Transport School Bus Co.

Mulholland, Minion & Roe, Williston Park, NY by Robert Minion, for Diocese of Rockville Centre/St. Ignatius Loyola Roman Catholic Church.

Fiedelman & Hoefling, Jericho, NY by Elizabeth Pullman, for Jerry Spiegel & Jerry Spiegel & Assocs.

Guercio & Guercio, Plainview, NY by Gary Steffanata, for Hicksville Union Free School Dist.

Kroll & Tract, Mineola, NY by Tracy Starasoler, for Hicksville Union Free School Dist.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The plaintiff, Allstate Insurance Company ("Allstate"), commenced this action seeking a declaratory judgment that Allstate does not have to defend or indemnify the defendant Stanley J. Oles, Jr. ("Oles") for any lawsuits arising out of the alleged sexual molestation of minors by Oles. Allstate moves for summary judgment seeking a declaration that the plaintiff Allstate "has no duty to defend

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