Free in Christ Pentecostal Church v. Julian
| Decision Date | 02 July 2009 |
| Docket Number | CA 08-02517. |
| Citation | 64 A.D.3d 1153,2009 NY Slip Op 05425,881 N.Y.S.2d 773 |
| Parties | FREE IN CHRIST PENTECOSTAL CHURCH, Appellant, v. TIMOTHY JULIAN, Individually and as Mayor of City of Utica and Chairman of Utica Urban Renewal Agency, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered August 22, 2008. The order, inter alia, granted the motion of certain defendants seeking dismissal of the amended complaint against them and the cross motion of the remaining defendants seeking summary judgment dismissing the amended complaint against them.
It is hereby ordered that said appeal from the order insofar as it concerned plaintiff's requests for disqualification is unanimously dismissed and the order is otherwise affirmed without costs.
Memorandum: Plaintiff commenced this action to recover damages based on alleged violations of its constitutional rights, and Supreme Court thereafter granted the motion of certain defendants seeking dismissal of the amended complaint against them and the cross motion of the remaining defendants seeking summary judgment dismissing the amended complaint against them. Plaintiff's papers submitted in opposition included the affidavit of plaintiff's attorney in which he sought, inter alia, to disqualify the Justice who had been assigned to the case. Although plaintiff purported to cross-move for that relief by way of its attorney's affidavit, plaintiff failed to comply with CPLR 2215 by filing a notice of cross motion. Because "the plaintiff merely requested [that] relief in its opposition papers, and did not make a motion on notice as defined in CPLR 2211, the plaintiff is not entitled to appeal as of right from the order denying its request" for disqualification of the Justice assigned to the case (New York State Div. of Human Rights v Oceanside Cove II Apt. Corp., 39 AD3d 608, 609 [2007]). Additionally, we did not grant plaintiff leave to appeal pursuant to CPLR 5701 (c). Thus, that part of the appeal with respect to the request for disqualification of the Justice assigned to the case must be dismissed (see New York State Div. of Human Rights, 39 AD3d at 608-609). We likewise conclude that the appeal must be dismissed insofar as plaintiff challenges the court's denial of its request to disqualify defendant Linda Fatata, corporation counsel for respondent City of Utica. Plaintiff sought...
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Kavanaugh v. Kavanaugh
..., 196 A.D.3d 552, 553, 151 N.Y.S.3d 671 [2d Dept. 2021] ; see generally CPLR 2211, 2215 ; Free in Christ Pentecostal Church v. Julian , 64 A.D.3d 1153, 1154, 881 N.Y.S.2d 773 [4th Dept. 2009] ). Martha's support for plaintiffs’ efforts to void the CBI Purchases and the Kavcon Purchases does......
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Mattia v. Vill. of Pittsford Planning & Zoning Bd. of Appeals
...this Court declines to entertain that the same and forego any more site plan review. See Free In Christ Pentecostal Church v. Julian , 64 A.D.3d 1153, 881 N.Y.S.2d 773 (4th Dept. 2009). ...
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Kavanaugh v. Kavanaugh
...under CPLR 5701 (a) (2) because such an application is not a proper cross motion made on notice under CPLR 2215 (see Free in Christ Pentecostal Church, 64 A.D.3d at 1154). respect to the cross appeal by CBI and Kavcon, we reject their contention that the court erred in denying their cross m......
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Parmerter v. State, 111564.
...and file a notice of cross motion in support of its application, as required under CPLR 2215 ( see Free in Christ Pentecostal Church v. Julian, 64 A.D.3d 1153, 1154, 881 N.Y.S.2d 773 [2009] ). There is also some question as to whether the Parmerter estate has even requested such affirmative......