Jesus Martinez Benedicto v Domingo P. De Guzman Etc. Et Al.
Motion No: 2013-01390 NC
Slip Opinion No: 2014 NY Slip Op 85412(U)
Decided on September 3, 2014
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2013-1390 N C
Jesus Martinez Benedicto, Appellant, v Domingo P. De Guzman etc. et al., Respondents.

Motion by appellant to amend a notice of appeal from an order of the District Court of Nassau County, First District, dated June 14, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

This court previously struck appellant's appeal from the appeals calendar and general calendar on the ground that the notice of appeal states that the appeal is to the Appellate Term, First Department. In order for this court to have jurisdiction over the appeal, appellant must move before the District Court for the notice of appeal to be amended to state that the appeal is to the Appellate Term for the Ninth and Tenth Judicial Districts, and the notice of appeal must be re-served and filed.

ENTER:

Paul Kenny

Chief Clerk