| Godwin v Upper Room Baptist Church |
| Motion No: 2022-06989 |
| Slip Opinion No: 2025 NY Slip Op 77713(U) |
| Decided on October 1, 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
M308300
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
CARL J. LANDICINO, JJ.
|
2022-06989 Ann Godwin, respondent, v Upper Room Baptist Church, appellant. (Index No. 7293/2014)
| ORDER TO SHOW CAUSE |
2024-04722
Ann Godwin, respondent, v Upper Room
Baptist Church, appellant.
(Index No. 7293/2014)
2024-07223
Ann Godwin, respondent, v Upper Room
Baptist Church, appellant.
(Index No. 7293/2014)
Appeals from an order of the Supreme Court, Kings County, dated August 1, 2022, a decision of the same court dated February 5, 2024, and a judgment of the same court dated April 11, 2024. Motion by the appellant to stay enforcement of the judgment, pending hearing and determination of the appeals. Motion by Windels, Marx, Lane & Mittendorf, LLP, for leave to withdraw as counsel for the appellant.
Upon the papers filed in support of the motion to stay enforcement of the judgment, pending hearing and determination of the appeals, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Windels, Marx, Lane & Mittendorf, LLP to withdraw as counsel for the appellant, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to stay enforcement of the judgment, pending hearing and determination of the appeals, is denied; and it is further,
ORDERED that the motion for leave to withdraw as counsel for the appellant is granted and on or before October 15, 2025, Windels, Marx, Lane & Mittendorf, LLP shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,
ORDERED that on or before December 15, 2025, the appellant shall advise this Court, in writing, of the name and address of new counsel, or the appeal will be dismissed without further notice; and it is further,
ORDERED that the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the decision on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before December 15, 2025; if the appellant be so advised, the appellant may make a motion, via NYSCEF, on or before December 15, 2025, for any relief deemed appropriate; and it is further,
ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeal by uploading a copy of this order to show cause to the NYSCEF system.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court