Appellate Division: Second Judicial Department

M266162

kbp/

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-08786 Ethnie M. Anantua, etc., et al., appellants, Mario Estiverne, Sr., et al., plaintiff-respondents, v Guepson Gue, et al., defendant-respondents. (Index No. 504095/16)

DECISION & ORDER ON MOTION

Motion by the appellant Ethnie M. Anantua pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of her appeal from an order of the Supreme Court, Kings County, dated June 21, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect her appeal, and, in effect, for leave to serve and file a brief and a supplemental joint record containing her notice of appeal. Application by the respondents Bethesda French Seventh - Day Adventist Church, Greater New York Conference of Seventh - Day Adventists, Greater New York Corporation of Seventh - Day Adventists, Inc., Atlantic Union Conference of Seventh - Day Adventists, Atlantic Union Conference Association of Seventh - Day Adventists, Inc., North American Division Corporation of the General Conference of Seventh - Day Adventists, North American Division of the General Conference of Seventh - Day Adventists, General Conference Corporation of Seventh - Day Adventists, Inc., and General Conference of Seventh - Day Adventists

to extend the time to serve and file their brief.

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

ORDERED that the motion is granted, the dismissal of the appeal by Ethnie M. Anantua pursuant to 22 NYCRR 1250.10(a) is vacated, on or before October 28, 2019, the appellant Ethnie M. Anantua shall serve and file a brief and a supplemental joint record containing her notice of appeal from the order dated June 21, 2018, and the appellants Gerline Pongnon, Marie Lucien, and Miguince St. Louis shall correct the covers of the copies of the record and their brief filed with the Clerk of this Court to correct the caption and to reflect that the record is a joint record and file replacement digital copies of their brief and joint record that contain the corrected covers; and it is further,

ORDERED that no further extension of time for the appellant Ethnie M. Anantua to serve and file a brief and a supplemental joint record shall be granted; and it is further,

ORDERED that the application is granted, the applicants' time to serve and file their brief is extended until December 2, 2019, and the applicants' brief shall be served and filed on or before that date.

AUSTIN, J.P., ROMAN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court