Agnew v Corner Stone Baptist Church
Motion No: 2005-07306
Slip Opinion No: 2007 NYSlipOp 72543(U)
Decided on June 26, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M56367

S/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

MARK C. DILLON

EDWARD D. CARNI, JJ.

2005-07306

Crystal Agnew, as administrator of the

estate of James Agnew, respondent,

v Corner Stone Baptist Church, appellant,

et al., defendant.

(Index No. 10501/03)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 26, 2005, to substitute Crystal Agnew, executor of the estate of James Agnew, for the deceased plaintiff James Agnew.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and Crystal Agnew, as executor of the estate of James Agnew, is substituted for the deceased plaintiff James Agnew, and the caption has been amended accordingly; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 31, 2007, and the respondent shall serve and file its brief on or before that date; and it is further,

ORDERED that the respondent shall serve and file any opposition to the appellant's pending motion to stay the trial of this action, pending hearing and determination of the appeal, on or before July 6, 2007.

CRANE, J.P., GOLDSTEIN, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court