| Linda Umbach & Victore Rumore, Ii v Audrey Lumer |
| Motion No: 2018-00565 QC |
| Slip Opinion No: 2018 NY Slip Op 72267(U) |
| Decided on May 4, 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
| Linda Umbach and Victore Rumore, II, Respondents, v Audrey Lumer, Appellant, et al., Occupants. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Queens County, dated January 22, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed.
As appellant's notice of appeal states that the appeal is to the Appellate Term, First Department, this court lacks jurisdiction to entertain appellant's motion. Appellant's remedy, if she be so advised, is to move in the Civil Court to amend her 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]).
ENTER:
Paul Kenny
Chief Clerk