| Rolando M. Rosales & Ricardo Cerna v Juan G. Cardenas Cansino & Eloy Cardenas |
| Motion No: 2023-00320 WC |
| Slip Opinion No: 2024 NY Slip Op 69355(U) |
| Decided on May 31, 2024 |
| 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 9th & 10th Judicial Districts
TIMOTHY S. DRISCOLL, J.P.
JAMES P. McCORMACK
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| Rolando M. Rosales and Ricardo Cerna, Respondents, v Juan G. Cardenas Cansino and Eloy Cardenas, Appellants. |
Motion by appellants to vacate an order of this court dated October 16, 2023, which dismissed an appeal from a final judgment of the City Court of White Plains, Westchester County, entered on March 27, 2023, and to enlarge the time to 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.
The notice of appeal fails to properly designate the court to which the appeal is taken (see CPLR 5515 [1]). Appellants' remedy, if they be so advised, is to move in the City Court to amend the notice of appeal to state that the appeal is taken to the Appellate Term for the Ninth and Tenth Judicial Districts. The appeal cannot be placed on this court's general calendar until such amendment is made.
ENTER:
Paul Kenny
Chief Clerk