| 31-36 32nd St. Astoria, LLC v Frederick V. Nickell |
| Motion No: 2017-01051 QC |
| Slip Opinion No: 2019 NY Slip Op 64077(U) |
| Decided on February 14, 2019 |
| 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
| 31-36 32nd Street Astoria, LLC, Respondent, v Frederick V. Nickell, Appellant, et al., Tenants. |
Appeals from orders of the Civil Court of the City of New York, Queens County, entered July 21, 2016 and January 4, 2017, respectively.
On the court's own motion, it is
ORDERED that the appeal from the order entered July 21, 2016 is dismissed on the ground that no appeal lies from findings of fact and conclusions of law (see Nationstar Mtge., LLC v Guy, 140 AD3d 1131 [2016]), and on the further ground that the portion of the order that was appealed from was vacated in an order of the Civil Court dated December 22, 2016; and it is further,
ORDERED that the appeal from the order entered January 4, 2017 is stricken from the February 27, 2019 Ready Day Calendar, the appeals calendar and the general calendar on the ground that this court lacks jurisdiction to entertain the appeal.
The appeal from the order entered January 4, 2017 was taken to the Appellate Term, First Department. Thus, this court lacks jurisdiction to entertain the appeal. Appellant's remedy is to move before 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 District. Alternatively, appellant may move in the Appellate Term, First Department, to have the appeal transferred to this court.
ENTER:
Paul Kenny
Chief Clerk