St. Lucy's Cathedral Old Roman Catholic Church v Sacred Heart of Jesus
Motion No: 2017-04991
Slip Opinion No: 2019 NY Slip Op 73092(U)
Decided on June 19, 2019
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

M263660

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-04991

St. Lucy's Cathedral Old Roman Catholic

Church, respondent, v Sacred Heart of Jesus

English Rite Catholic Church, Inc., et al.,

appellants.

(Index No. 512525/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 4, 2017, for failure to comply with a decision and order on motion of this Court dated November 28, 2018. Cross motion by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated November 28, 2018.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, and on or before July 19, 2019, the appellants shall remove pages 405 through 409, 411 through 415, 419 through 421, 423, 424, 436 through 459, 461 through 464, 466 through 470, and 472 through 485 from the copies of the record filed with the Clerk of this Court or serve and file a replacement record that does not contain the material on those pages in accordance with the decision and order on motion of this Court dated November 28, 2018.

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court