| Sherwood, LLC v Rosendo Fermin, Occupant, & Joshua Fermin |
| Motion No: 2015-01632 QC |
| Slip Opinion No: 2016 NY Slip Op 79418(U) |
| Decided on July 8, 2016 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Sherwood, LLC, Respondent, v Rosendo Fermin, Occupant, and Joshua Fermin, Appellant. |
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, Queens County, entered June 26, 2015, is stricken from the appeals calendar and the general calendar; and it is further,
ORDERED that the decision and order on motion of this court dated October 28, 2015, which determined a motion by appellant for a stay, a separate motion by respondent for an enlargement of time to submit opposition to appellant's motion, and a separate motion by appellant for an enlargement of time to submit opposition to respondent's motion, is recalled and vacated, and the aforesaid motions are dismissed.
Appellant's notice of appeal takes an appeal to the Appellate Term, First Department. Thus, this court does not have jurisdiction to entertain the appeal. Appellant's remedy, if he be so advised, is to move in the Civil Court to amend the notice of appeal.
ENTER:
Paul Kenny
Chief Clerk