| 214 Knickerbocker, LLC v Molly's Milk Truck Sweet & Savory |
| Motion No: 2019-01062 KC |
| Slip Opinion No: 2019 NY Slip Op 77402(U) |
| Decided on August 6, 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
| 214 Knickerbocker, LLC, Respondent, v Molly's Milk Truck Sweet & Savory, Appellant. |
Motion by appellant to be restored to possession pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 26, 2019, and for other relief.
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 the appeal was taken to the Appellate Division.
Appellant's remedy, if it be so advised, is to move in the Civil Court to amend the notice of appeal to state that the appeal is taken to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts. Alternatively, appellant can move in the Appellate Division to transfer the appeal to this court.
ENTER:
Paul Kenny
Chief Clerk