Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276721

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2020-07022 BCVAWCH-Doe, plaintiff-respondent, v Roman Catholic Archdiocese of New York, appellant, Church of Immaculate Heart of Mary, defendant, Edwin Gaynor, defendant-respondent; Church of St. Bernard, nonparty-appellant. (Westchester County Index No. 69676/2019)

DECISION & ORDER ON MOTION

Appeal by Roman Catholic Archdiocese of New York, and separate appeal by Church of St. Bernard, from an order of the Supreme Court, Nassau County (CVA-R Part), dated August 20, 2020. By order to show cause dated January 11, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Church of St. Bernard on the ground that Church of St. Bernard is not aggrieved by the order dated August 20, 2020, as Church of St. Bernard is not listed in the caption or the text of the order.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal by Church of St. Bernard is granted, the appeal by Church of St. Bernard is dismissed, without costs or disbursements, and the brief filed by Church of St. Bernard is stricken (see CPLR 5511), without prejudice to seeking to resettle the order dated August 20, 2020, if so advised.

DILLON, J.P., MILLER, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court