Peykarian v. Tobin

Full title: Sinai Peykarian, Appellant, v. Thomas Tobin, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Mar 2, 2020

2020 N.Y. Slip Op. 64492 (N.Y. App. Term 2020)

Opinion

Motion No: 2016-02411 QC

03-02-2020

Sinai Peykarian, Appellant, v. Thomas Tobin, Respondent.

THOMAS P. ALIOTTA, P.J.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

Appellate Term of the Supreme Court of the State of New York for the 2nd, 11th & 13th Judicial Districts

On the court's own motion, it is

ORDERED that this appeal from an order of the Civil Court of the City of New York, Queens County, entered April 6, 2016 is stricken from the appeals calendar and the general calendar.

In this matter, appellant filed a notice of appeal from the above-stated Civil Court order in which he took an appeal to the Appellate Term, First Department. By rejection notice dated July 2, 2018, the record on appeal was rejected by this court and returned to the Civil Court with an instruction that appellant must move in the Civil Court to amend the notice of appeal (see El Dorado Aluminum Prods. v Jeros, 15 AD2d 781 [1962]). No motion to amend has been made. Thus, this court lacks jurisdiction to entertain the appeal.

ENTER:

Paul Kenny

Chief Clerk