1646 Union, LLC v Walter Simpson
Motion No: 2015-02100 KC
Slip Opinion No: 2017 NY Slip Op 91599(U)
Decided on October 27, 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

MARTIN M. SOLOMON, J.P.

MICHAEL L. PESCE

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2015-2100 K C
1646 Union, LLC, Respondent, v Walter Simpson, Appellant, et al., Undertenants.

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 August 3, 2015, is stricken from the general calendar and the appeals calendar on the ground that the notice of appeal fails to designate the court to which the appeal is taken (see CPLR 5515 [1]); and it is further,

ORDERED that the decisions and orders on motion of this court dated November 12, 2015, February 22, 2016, May 16, 2016, August 4, 2016, January 24, 2017 and April 6, 2017 respectively, which, among other things, granted appellant's motions for a stay pending the determination of the appeal are vacated, and the motions giving rise to those orders are dismissed.

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 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