Gilbert Louzoun Revocable Living Trust Dated Dec. 10, 2009, Gilbert Louzoun Trustee, Et Al. v Hyman Rostoker & Jewish Assn. Serving Aging As Guardian for Phillip Rostoker
Motion No: 2015-00369 QC
Slip Opinion No: 2017 NY Slip Op 87851(U)
Decided on September 28, 2017
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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2015-369 Q C
Gilbert Louzoun Revocable Living Trust Dated December 10, 2009, Gilbert Louzoun Trustee, et al., Respondents, v Hyman Rostoker and Jewish Association Serving the Aging as Guardian for Phillip Rostoker, Appellants.

On the court's own motion, it is

ORDERED that this appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered December 12, 2014, is stricken from the appeals calendar and the general calendar.

The notice of appeal in this matter is jurisdictionally defective in that it fails to designate the court to which the appeal is taken (see CPLR 5511 [1]). Appellants' remedy, if they be so advised, is to move in the Civil Court to amend the notice of appeal to state that the appeal is taken to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts, and the notice of appeal must be re-served and filed.

ENTER:

Paul Kenny

Chief Clerk