Opinion
Motion No: 2019-01252 SCR
12-13-2019
The People of the State of New York, Respondent, v. David T. Silva, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated October 15, 2019, which dismissed an appeal from a judgment of conviction of the Justice Court of the Town of Southampton, Suffolk County, rendered June 5, 2019.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that this court's order of dismissal dated October 15, 2019 is recalled and vacated; and it is further,
ORDERED that appellant's motion is dismissed.
The appeal in this matter was taken to the Appellate Division and this court lacked jurisdiction to entertain it. Appellant's remedy is to move in the Appellate Division to transfer the appeal to this court. Alternatively, appellant can move in the Justice Court to amend the notice of appeal to state that the appeal is to the Appellate Term for the Ninth and Tenth Judicial Districts (see El Dorado Aluminum Prods. v Jeros, 15 AD2d 781 [1962]).
ENTER:
Paul Kenny
Chief Clerk