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Temple Hill Academy

Fake vs. Fact | Setting the Record Straight ($16.3M in Litigation Costs)


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At the Newburgh Enlarged City School District, we believe that open, honest communication is the foundation of a strong partnership with our community. Often, speculation on social media or in neighborhood conversations, like a game of telephone, can cloud the reality of the work being done in our school buildings. You don’t have time for confusion, and you deserve the facts. 

We have created this Fake vs. Fact page to serve as a direct, credible source for our community. Here, we address common rumors with verified, evidence-based information, ensuring you have the clarity you need to stay informed about our schools, our scholars, and our future. 

This Fake vs. Fact page serves as a direct 'source of truth' for our community, dedicated to replacing uncertainty with understanding. By comparing common rumors and disinformation against verified data and district policy, we aim to eliminate confusion and ensure every conversation about our schools is rooted in reality. 

We invite you to check back regularly as we work to keep our community informed, engaged, and empowered with the truth.

Do you have a rumor that you would like clarified? Use this form to ask your question. 

 

FAKE: The district did not plan for millions of dollars in reserves in anticipation of pending settlement agreements. The district paid out $11M in lawsuits related to the Adult Survivors Act, not $16M as they’ve stated. 

(Claim made by Deborah A. Bouley, during public comment on April 7, 2026)


FACT: This is False. The New York Adult Survivors Act (ASA) was a landmark law that created a one-year "lookback window,” allowing adult survivors of sexual abuse to file civil lawsuits regardless of when the abuse occurred. The district ultimately settled four (4) cases for a total of $16.3M from claims made under ASA.

By temporarily waiving the statute of limitations, the act empowered survivors to seek justice against both their individual abusers and the institutions, such as employers, schools, or prisons, that negligently enabled the misconduct. During this period, more than 3,000 cases were filed, including high-profile suits against public figures and major organizations.

The district will propose the transfer of surplus funds to reserve accounts for the use of unanticipated expenses (pending litigation, facilities issues, etc.). In this instance, though the district did not publicly comment on pending litigation, it was aware of and did financially prepare for anticipated settlements. The district proposed the creation of a litigation reserve fund that was approved by the Board of Education, where surplus monies were transferred and used to pay for these lawsuit settlements. 


The district received litigation pertaining to the ASA, dating back to claims that occurred decades prior, and settled various cases for a total of $16.3 million. 
The district received claims between 2019 and 2021 and was able to financially prepare for those cases that were eventually settled in 2023 and 2024. The district was uninsured for the dates referenced in the claims, so settlement payments needed to come out of the district's general fund or reserves. The district chose to properly plan ahead instead of taking a loan for the amount and incurring interest charges.

EF007920-2019 - SB, Sherman Memmelaar - $8,250,000
EF001273-2020 - AK,  Sherman Memmelaar - $2,750,000
EF001776-2021 - JC Doe, Ralph Petrozello - $4,500,000
EF005710-2021  - JM Doe, Ralph Petrozello - $800,000

 

September 26, 2023 - ($11M)

BE IT RESOLVED that the Board of Education hereby authorizes the Board President to sign an agreement to settle the litigations of Burke v. Newburgh Enlarged City School District, et al., and Kirby v. Newburgh Enlarged City School District et al., pending in the Supreme Court of the State of New York, County of Orange, Index Nos.: EF007920-2019 and EF001273-2020 as presented to the Board at this meeting. A copy of said agreement shall be incorporated by reference within the minutes of this meeting.

Motion by Mark Levinstein, second by Ray Burgarelli.
Final Resolution: Motion Carried
Yea: Darren Stridiron, Philip F Howard, Mark Levinstein, Jerry R Lamar, John Doerre, Ray Burgarelli, Deborah Bouley
Not Present at Vote: Letitia Politi

November 26, 2024 (JC Doe) - ($4.5M)

BE IT RESOLVED that the Board President is hereby authorized to sign a General Release and Settlement Agreement to settle the case of “JC” Doe v. Newburgh Enlarged City School District et. al., Orange County Supreme Court Index No. EF001776-2021, as presented to the Board at this meeting. A copy of said General Release and Settlement Agreement shall be incorporated by reference within the minutes of this meeting.

Motion by Thomasina Bello, second by Victoria Bousche.
Final Resolution: Motion Carried
Yea: Philip F Howard, John Doerre, Ray Burgarelli, Christine Bello, Fred Stewart, Victoria Bousche, Mackenzie Bousche, Thomasina Bello

Nov 26, 2024 (JM Doe) - $800,000

BE IT RESOLVED that the Board President is hereby authorized to sign a General Release and Settlement Agreement to settle the case of “JM” Doe v. Newburgh Enlarged City School District et. al., Orange County Supreme Court Index No. EF005710-2021, as presented to the Board at this meeting. A copy of said General Release and Settlement Agreement shall be incorporated by reference within the minutes of this meeting.

Motion by Thomasina Bello, second by Philip F Howard.
Final Resolution: Motion Carried
Yea: Philip F Howard, John Doerre, Ray Burgarelli, Christine Bello, Fred Stewart, Victoria Bousche, Mackenzie Bousche, Thomasina Bello







Date: 2026-04-15 10:09:03





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