| 160 Eagle St., LLC v Larry Butler & Merle Nadlin-butler |
| Motion No: 2017-02255 KC |
| Slip Opinion No: 2018 NY Slip Op 67807(U) |
| Decided on March 15, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 160 Eagle Street, LLC, Appellant, v Larry Butler and Merle Nadlin-Butler, Respondent. |
Motion by appellant on an appeal to the Appellate Division from an order of the Civil Court of the City of New York, Kings County, entered November 6, 2017, to amend the notice of appeal to state that the appeal is to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is dismissed.
As the appeal was taken to the Appellate Division, this court does not have jurisdiction to entertain appellant's motion. Appellant's remedy is to move in the Appellate Division to transfer the appeal to this court. Alternatively, appellant can move in the Civil Court to amend the notice of appeal to state that the appeal is to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts (see El Dorado Aluminum Prods. v Jeros, 15 AD2d 781 [1962]), and the notice of appeal must be re-served and filed.
ENTER:
Paul Kenny
Chief Clerk