| Sherwood, LLC v Rosendo Fermin, Occupant, & Joshua Fermin |
| Motion No: 2015-01632 QC |
| Slip Opinion No: 2017 NY Slip Op 88733(U) |
| Decided on October 5, 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. |
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.
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.
We note that the motion for leave to amend must be made by appellant Joshua Fermin, not occupant Rosendo Fermin.
ENTER:
Paul Kenny
Chief Clerk