| Sinai Peykarian v Thomas Tobin |
| Motion No: 2016-02411 QC |
| Slip Opinion No: 2020 NY Slip Op 64492(U) |
| Decided on March 2, 2020 |
| 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
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Sinai Peykarian, Appellant, v Thomas Tobin, Respondent. |
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, Queens County, entered April 6, 2016 is stricken from the appeals calendar and the general calendar.
In this matter, appellant filed a notice of appeal from the above-stated Civil Court order in which he took an appeal to the Appellate Term, First Department. By rejection notice dated July 2, 2018, the record on appeal was rejected by this court and returned to the Civil Court with an instruction that appellant must move in the Civil Court to amend the notice of appeal (see El Dorado Aluminum Prods. v Jeros, 15 AD2d 781 [1962]). No motion to amend has been made. Thus, this court lacks jurisdiction to entertain the appeal.
ENTER:
Paul Kenny
Chief Clerk