Emmanuel Seventh Day Church Ministries v Ivan C. Plummer et al.

Motion No: M-4959

Slip Opinion No: 2018 NYSlipOp 90517(U)

Decided on December 11, 2018

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.

December 11, 2018

Emmanuel Seventh Day Church Ministries,

Inc., Plaintiff-Respondent,

v

Ivan C. Plummer, et al.,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, Bronx County, dated July 19, 2017 and entered on or about September 22, 2017, which, inter alia, found defendant Ivan C. Plummer in contempt of court, enjoined defendants and their agents and/or representatives from entering the church's premises, directed defendant's Plummer and David Harvey to deliver certain financial records, documents and property to the church's Board of Trustees, and directed Plummer to pay from his personal funds attorney's fees and sanctions in the amount of $5,000 each, And defendants, in separate motions (M-4601 and M-4959) having moved for an enlargement of time to perfect the aforesaid appeal, And plaintiff having cross moved (M-4858) for an order vacating the CPLR 5519(a)(2) stay of enforcement of the aforesaid order appealed, claimed by defendants by virtue of their filing of an undertaking in the amount of $10,000, Now, upon reading and filing the papers with respect to the motion and cross motion, and the correspondence from the counsel for defendants, dated September 25, 2018, and due deliberation having been had thereon, It is ordered that the motion (M-4959) by defendants-appellants for an enlargement of time to perfect the aforesaid appeal is denied. The motion by plaintiffs-respondents seeking to vacate the CPLR 5519(a)(2) stay pending appeal claimed by defendants (M-4858) is denied as academic, the appeal having been deemed dismissed pursuant to 22 NYCRR 1250.10(a) and, It is further ordered that the motion (M-4601) is deemed withdrawn pursuant to the correspondence from defendants-appellants' counsel. ENTERED: December 11, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman Sallie Manzanet-Daniels Troy K. Webber Anil C. Singh,Justices

M-4959

M-4858

M-4601

Index No. 260535/11