of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

DONNA-MARIE GOLIA

CHEREÉ A. BUGGS, JJ.

DECISION & ORDER ON MOTION

Motion by respondents to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered November 29, 2019, based on appellant's failure to timely perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

Contrary to respondents' argument, this appeal, which was taken in 2019, was timely perfected when appellant filed his brief on March 30, 2022 in accordance with a decision and order on application of this court dated March 9, 2022 and the rules of this court applicable to this appeal (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] former § 731.8 [a], which governs notices of appeal filed through December 31, 2019). Indeed, this appeal was placed on the general calendar on November 5, 2021, when the clerk's return was filed, and therefore appellant's time to perfect his appeal had not yet run when respondents made this motion in January of 2022. It is noted that respondents' motion appears to rely largely upon 22 NYCRR 640.6, which is part of the rules of the Appellate Term, First Department and not applicable in this Department. The rule of this court cited to by respondents became effective in 2020 and does not apply to this appeal. Moreover, while respondents also appear to rely on an order of the Civil Court purporting to dismiss the appeal to this court, the Civil Court has no jurisdiction to dismiss appeals to this court, as respondents were advised.

ENTER:

Paul Kenny

Chief Clerk