| Gates Palace, LLC v Robert Rumrill & Erin Cesaro |
| Motion No: 2018-01709 KC |
| Slip Opinion No: 2019 NY Slip Op 77403(U) |
| Decided on August 9, 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
| Gates Palace, LLC, Appellant, v Robert Rumrill and Erin Cesaro, Respondents, et al., Undertenants. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, entered May 30, 2018, is stricken from 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 Civil Court of the City of New York, County of Kings (see CPLR 5515 [1]). 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.
ENTER:
Paul Kenny
Chief Clerk