| Fred E. Hua v Anthony Torres |
| Motion No: 2019-00943 KC |
| Slip Opinion No: 2019 NY Slip Op 77236(U) |
| Decided on August 2, 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
| Fred E. Hua, Respondent, v Anthony Torres, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 11, 2016, and to vacate a restraining notice. Separate application by respondent for an enlargement of time to serve and file opposition to the motion.
Upon the papers filed in support of the motion and the separate application, and no papers having been filed in opposition thereto, it is
ORDERED that the motion and application are dismissed.
The appeal was taken to the Appellate Term, First Department. Thus, this court lacks jurisdiction to entertain the motion and application. 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 Districts. Alternatively, appellant may move in the Appellate Term, First Department, to have the appeal transferred to this court.
ENTER:
Paul Kenny
Chief Clerk