Will Isnady v Raelene L. Parliman & William B. Tyndall
Motion No: 2018-01016 ORC
Slip Opinion No: 2019 NY Slip Op 71388(U)
Decided on May 21, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

JERRY GARGUILO

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

2018-1016 OR C
Will Isnady, Appellant, v Raelene L. Parliman and William B. Tyndall, Respondent.

On the court's own motion, it is

ORDERED that this appeal from a judgment of the City Court of Middletown, Orange County, entered October 27, 2017, is stricken from the appeals calendar and the general calendar.

The notice of appeal in this matter is jurisdictionally defective in that it designates the court to which the appeal is taken as the Court of Appeals (see CPLR 5515 [1]). Appellant's remedy, if he be so advised, is to move in the City Court to amend the notice of appeal to state that the appeal is taken to the Appellate Term for the Ninth and Tenth Judicial Districts.

ENTER:

Paul Kenny

Chief Clerk