Maria S. Masigla, P.T., As Assignee of Jean-Baptiste, Gerard v MVIAC
2026 NY Slip Op 68861(U)
May 20, 2026
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.
Maria S. Masigla, P.T., as Assignee of Jean-Baptiste, Gerard, Respondent,
v
MVIAC, Appellant.
Supreme Court of the State of New York, 2d, 11th And 13th Judicial Districts
May 20, 2026
2026-62 K C
Wavny Toussaint, P.J.
Marina Cora Mundy
Joanne D. Quiñones, JJ.
[*1]Motion by appellant, on an appeal from an order of the Civil Court of the City of New York, Kings County, dated January 7, 2026, for a stay of a judgment of that court, entered August 16, 2023, pending the determination of the appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice.
It is noted that there is no appeal before this court from the judgment entered in this case on August 16, 2023. The notice of appeal from the judgment fails to properly designate this court as the court to which the appeal is taken (see CPLR 5515 [1]). Appellant's remedy, if they be so advised, is to move in the Civil Court to amend the notice of appeal from the judgment to state that the appeal is taken to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts.
ENTER:
Jennifer Chan
Chief Clerk