Steinmetz v Attentive Care, Inc.
Motion No: 2011-00561
Slip Opinion No: 2011 NY Slip Op 66534(U)
Decided on March 10, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M116813

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-00561

Craig Steinmetz, etc., respondent,

v Attentive Care, Inc., appellant.

(Index No. 15427-05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, entered November 23, 2010, upon the ground that the "[a]ppellant appealed from the wrong court and to the wrong court."

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

ORDERED that on the Court's own motion, the appeal and the motion are transferred to the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, for determination, as the appeal is from a judgment of the County Court, Suffolk County (see 22 NYCRR 730.1[d]); and it is further,

ORDERED that all further proceedings in connection with this appeal and the motion shall be conducted pursuant to the rules of the Appellate Term, Ninth and Tenth Judicial Districts.

ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court