| St. Paul's Evangelical Lutheran Church v Metropolitan New York Synod |
| Motion No: 2024-08976 |
| Slip Opinion No: 2025 NY Slip Op 64862(U) |
| Decided on March 17, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M303618
AFA/
MARK C. DILLON, J.P.
BARRY E. WARHIT
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2024-08976 St. Paul's Evangelical Lutheran Church, respondent, v Metropolitan New York Synod of the Evangelical Lutheran Church in America, appellant. (Index No. 501944/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 15, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Metropolitan New York Synod of the Evangelical Lutheran Church in America, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, to amend the notice of appeal to reflect that the defendant Metropolitan New York Synod of the Evangelical Lutheran Church in America is the appellant, and to amend the caption accordingly.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to amend the notice of appeal to reflect that the defendant Metropolitan New York Synod of the Evangelical Lutheran Church in America is the appellant and to amend the caption accordingly are granted, the notice of appeal is deemed to reflect that the defendant Metropolitan New York Synod of the Evangelical Lutheran Church in America is the appellant (see CPLR 2001; Matter of Tagliaferri, 1 NHY3d 605), and the caption is amended accordingly; and it is further,
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 16, 2025, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., WARHIT, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court