| JAMES STEWART V FAITH TEMPLE (NOW ADONAI ASSEMBLY OF GOD OF ROCHESTER) , ASSEMBLIES OF GOD NATIONAL YOUTH MINISTRIES |
| Motion No: CA 23-01666 |
| Slip Opinion No: 2024 NY Slip Op 63596(U) |
| Decided on February 22, 2024 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-01666
| JAMES STEWART, PLAINTIFF-RESPONDENT, V FAITH
TEMPLE (NOW ADONAI ASSEMBLY OF GOD OF ROCHESTER), ET AL., DEFENDANTS, ASSEMBLIES OF GOD NATIONAL YOUTH MINISTRIES, THE
GENERAL COUNCIL OF THE ASSEMBLIES OF GOD AND NATIONAL ROYAL RANGERS MINISTRIES,
DEFENDANTS-APPELLANTS. |
Appellants having moved for a calendar preference and for curative relief pursuant to CPLR 5520 [c], on the appeal taken herein from a decision of the Supreme Court, Monroe County, entered March 13, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a calendar preference is denied, and
It is further ORDERED that the motion insofar as it seeks to have the appeal from the decision treated as a valid appeal from the order dated March 16, 2023, is granted (see CPLR 5520 [c]; Kerner v Kerner, 262 AD2d 1082 [4th Dept 1999]).
Entered: February 22, 2024
Ann Dillon Flynn
Clerk of the Court