Appellate Division: Second Judicial Department

M310404

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-08976, 2025-00311 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

Appeals from two orders of the Supreme Court, Kings County, dated May 15, 2024, and November 19, 2024, respectively. Motion by the respondent, inter alia, to strike stated portions of the appellant's brief the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeals from the orders dated May 15, 2024, and November 19, 2024, pursuant to Bray v Cox (38 NY2d 350), to dismiss the appeal from the order dated November 19, 2024, on the ground that no appeal lies from an order denying reargument, to strike stated portions of the record and appellant's brief on the ground that they contain and refer to matter dehors the record, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike stated portions of the appellant's brief the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeals from the orders dated May 15, 2024, and November 19, 2024, pursuant to Bray v Cox (38 NY2d 350), to dismiss the appeal from the order dated November 19, 2024, on the ground no appeal lies from an order denying reargument, and to strike stated portions of the appellants brief on the ground that they refer to matter dehors the record are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before January 12, 2026, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., WOOTEN, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court