Pedro Bautista v Archdiocese of New York individually and doing business as Catholic Church

Motion No: M-4995

Slip Opinion No: 2017 NYSlipOp 91180(U)

Decided on November 2, 2017

Appellate Division, First 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.

November 2, 2017

Pedro Bautista,

Plaintiff-Respondent-Appellant,

v

Archdiocese of New York, individually,

and doing business as Catholic Church

of Christ the King, Catholic Church

of Christ the King, and The Church of

Christ,

Defendants-Appellants-Respondents.

Archdiocese of New York, individually,

and doing business as Catholic Church

of Christ the King, Catholic Church

of Christ the King, Third-Party Plaintiffs-Appellants, Third-Party Index No. 23394/14E v

Hughes & Hughes Contracting Corp. and

Richard Moyhagh, doing business as

Harbor Roofing, Third-Party Defendants-Respondents.

--------------------------------------X Appeals having been taken from an order of the Supreme Court, Bronx County, entered on or about June 15, 2017, and the appeal taken by defendants/third-party plaintiffs-appellants having been perfected, And plaintiff-appellant-respondent having moved for (1) an order striking defendants' perfected appeal, with leave to refile the record as a joint record; (2) to direct defendants to correct the case caption of the record on appeal filed on

August 1, 2017 to denominate plaintiff as "plaintiff-appellant" and defendants as "defendants-respondents-cross-appellants" and

the record as a "Joint Record"; (3) to delete the case caption on the record on appeal and brief and all reference to the third-party action; (4) to direct defendants to file a supplemental record on appeal to include plaintiff's notice of appeal, reargument statement and motion papers in connection with the summary judgment motions and to enlarge plaintiff's time to perfect its appeal to at least 120 days after the filing of a modified joint record. Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of ordering; (1) defendants, within 10 days of this order, to amend the case caption on the record and brief to designate the defendants as "defendants-appellants-respondents" and the plaintiff as "plaintiff-respondent-appellant"; (2) defendants, within 10 days of this order, to denominate the record on appeal already filed in this Court as a "Joint Record" and file a supplemental record to include plaintiff's notice of appeal and preargument statement; and adjourning the perfected appeal to the February 2018 Term. Plaintiff is directed to file a "respondent-cross-appellant's" brief by January 3, 2018 for said February 2018 Term. The motion is otherwise denied. ENTERED: November 2, 2017

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding,Sallie Manzanet-Daniels Richard T. Andrias Cynthia S. Kern Jeffrey K. Oing,Justices

M-4995

Index No. 23394/14