Clayton v. American Federation of Musicians

Full title: SYLVIA CLAYTON, Appellant, v. AMERICAN FEDERATION OF MUSICIANS et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1997

243 A.D.2d 347 (N.Y. App. Div. 1997)

664 N.Y.S.2d 534

Opinion

October 21, 1997

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).

The action having been removed to Federal court, the State court may "proceed no further unless and until the case is remanded" ( 28 U.S.C. § 1446 [d]; see, e.g., Otway v. City of New York, 818 F. Supp. 659, 660). Accordingly, the motion court correctly held that it lacked jurisdiction to rule on plaintiff's claims.

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Wallach, JJ.