| Flagg Ct. Realty Co., LLC, Etc. v Lazar Levitin |
| Motion No: 2017-01194 KC |
| Slip Opinion No: 2017 NY Slip Op 90775(U) |
| Decided on October 18, 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
| Flagg Court Realty Company, LLC, etc., Respondent, v Lazar Levitin, Appellant, et al., Undertenants. |
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, Kings County, entered May 29, 2015, and an order of that court dated June 19, 2015 is stricken from the appeals calendar and the general calendar.
The notices of appeal in this matter are jurisdictionally defective in that they fail to properly designate the court to which the appeals are taken (see CPLR 5511 [1]). Appellant's remedy, if he be so advised, is to move in the Civil Court to amend the notices of appeal to state that the appeals are taken to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts, and the amended notices of appeal must be re-served and filed. In addition, since the order dated June 19, 2015 states that the court's full decision was made on the record, a transcript of the June 19, 2015 proceedings must be made part of the record on appeal.
ENTER:
Paul Kenny
Chief Clerk