| Lauren Pepin v Stephen Dibrienza, Esq. |
| Motion No: 2014-02239 KC |
| Slip Opinion No: 2015 NY Slip Op 90623(U) |
| Decided on November 10, 2015 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Lauren Pepin, Respondent, v Stephen DiBrienza, Esq., Appellant, et al., Occupants. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered July 16, 2014, is stricken from the appeals calendar and the general calendar on the ground that the notice of appeal states that the appeal is to the Appellate Term, First Department; and it is further,
ORDERED that this court's decisions and orders on motions dated December 4, 2014 and March 18, 2015 are recalled and vacated, and appellant's motions for a stay and to continue the stay are dismissed.
As the appeal was taken to the Appellate Term, First Department, this court lacks jurisdiction to entertain the appeal and to grant a stay. In order for this court to have jurisdiction over the appeal, appellant must move before the Civil Court to amend the notice of appeal to state that the appeal is to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts, and the notice of appeal must be re-served and filed. Alternatively, appellant may move in the Appellate Term, First Department, to have the appeal transferred to this court.
ENTER:
Paul Kenny
Chief Clerk